{
  "url": "https://openlegislation.uk/extradition-act-2003/section-97",
  "json_url": "https://openlegislation.uk/extradition-act-2003/section-97.json",
  "legislation": "ukpga/2003/41",
  "legislation_title": "Extradition Act 2003",
  "legislation_url": "https://openlegislation.uk/extradition-act-2003",
  "path": "section/97",
  "kind": "section",
  "number": "97",
  "heading": "Deferral: person charged with offence in United Kingdom",
  "text": "(1) This section applies if—\n(a) the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited;\n(b) the person is charged with an offence in the United Kingdom.\n(2) The Secretary of State must not make a decision with regard to the person’s extradition until one of these occurs—\n(a) the charge is disposed of;\n(b) the charge is withdrawn;\n(c) proceedings in respect of the charge are discontinued;\n(d) an order is made for the charge to lie on the file or, in relation to Scotland, the diet is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.\n(3) If a sentence of imprisonment or another form of detention is imposed in respect of the offence charged, the Secretary of State may defer making a decision with regard to the person’s extradition until the person is released from detention pursuant to the sentence (whether on licence or otherwise).",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in s. 97(3) substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 71(6), 116; S.I. 2009/3096, art. 3(n) (with art. 4)"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "S. 97(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"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "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))"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2003/41/section/97",
    "retrieved_at": "2026-10-29T09:17:50.673746+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}