Section 98 Deferral: person serving sentence in United KingdomI1

United Kingdom

(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 F1in custody serving a sentence of imprisonment or another form of detention in the United Kingdom.

(2)

The Secretary of State may defer making a decision with regard to the person’s extradition until F2the person is released from detention pursuant to the sentence (whether on licence or otherwise).

Annotations

Textual amendments

F1: Words in s. 98(1)(b) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 71(7)(a), 116; S.I. 2009/3096, art. 3(n) (with art. 4)
F2: Words in s. 98(2) substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 71(7)(b), 116; S.I. 2009/3096, art. 3(n) (with art. 4)

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 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 Secretary of State’s functions

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))