Section 76A Person charged with offence in United Kingdom before extradition hearingF1
United Kingdom
This section applies if—
a person has been brought before the appropriate judge under section 72(3) F2, 74(3) or 74A(3) but the extradition hearing has not begun; and
the judge is informed that the person is charged with an offence in the United Kingdom.
The judge must order further proceedings in respect of the extradition to be adjourned until one of these occurs—
the charge is disposed of;
the charge is withdrawn;
proceedings in respect of the charge are discontinued;
an order is made for the charge to lie on the file, or in relation to Scotland, the diet is deserted pro loco et tempore .
If a sentence of imprisonment or another form of detention is imposed in respect of the offence charged, the judge may order further proceedings in respect of the extradition to be adjourned until the person is released from detention pursuant to the sentence (whether on licence or otherwise).
Annotations
Textual amendments
- F1
Ss. 76A, 76B inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 70, 116; S.I. 2009/3096, art. 3(m) (with art. 4)
- F2
Words in s. 76A(1)(a) substituted (31.12.2020) by Extradition (Provisional Arrest) Act 2020 (c. 18), s. 2(4), Sch. para. 12; S.I. 2020/1652, reg. 2(1)(b)
Modifications
- C1
S. 76A(2) modified (10.11.2016) by The Extradition Act 2003 (Overseas Territories) Order 2016 (S.I. 2016/990), arts. 1(1), 6(3), Sch. 3
Notes on Part 2
Commencement
- I1
Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
Notes on The extradition hearing
Commencement
- I1
Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))