Section 8B Person serving sentence in United Kingdom before extradition hearingF1

(1)

This section applies if—

(a)

a person has been brought before the appropriate judge under section 4(3) or 6(2) but the extradition hearing has not begun; and

(b)

the judge is informed that the person is in custody serving a sentence of imprisonment or another form of detention in the United Kingdom.

(2)

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).

(3)

In a case where further proceedings in respect of the extradition are adjourned under subsection (2)—

(a)

section 131 of the Magistrates' Courts Act 1980 (remand of accused already in custody) has effect as if a reference to 28 clear days in subsection (1) or (2) of that section were a reference to six months;

(b)

Article 47(2) of the Magistrates' Courts (Northern Ireland) Order 1981 (period of remand in custody) has effect as if a reference to 28 days in—

(i)

sub-paragraph (a)(iii), or

(ii)

the words after sub-paragraph (b),

were a reference to six months.

Annotations

Textual amendments

F1: Ss. 8A 8B inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 69, 116; S.I. 2009/3096, art. 3(l) (with art. 4)

Notes on Part 1

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 initial 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))