# Extradition Act 2003, Section 97: Deferral: person charged with offence in United Kingdom

Extent: E+W+S+N.I.

(1) This section applies if—
(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;
(b) the person is charged with an offence in the United Kingdom.
(2) The Secretary of State must not make a decision with regard to the person’s extradition until one of these occurs—
(a) the charge is disposed of;
(b) the charge is withdrawn;
(c) proceedings in respect of the charge are discontinued;
(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.
(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).

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Source: https://www.legislation.gov.uk/ukpga/2003/41/section/97 (the official version)
Page: https://openlegislation.uk/extradition-act-2003/section-97
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.