I6Part 1Extradition to category 1 territories
I5Matters arising before end of extradition hearing
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))
22I1Person charged with offence in United Kingdom
1
This section applies if at any time in the extradition hearing the judge is informed that the person in respect of whom the Part 1 warrant is issued is charged with an offence in the United Kingdom.
2
The judge must adjourn the extradition hearing 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the charge is withdrawn;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 judge may adjourn the extradition hearing until the sentence has been served.
4
If before he adjourns the extradition hearing under subsection (2) the judge has decided under section 11 whether the person’s extradition is barred by reason of the rule against double jeopardy, the judge must decide that question again after the resumption of the hearing.
23I2Person serving sentence in United Kingdom
1
This section applies if at any time in the extradition hearing the judge is informed that the person in respect of whom the Part 1 warrant is issued is serving a sentence of imprisonment or another form of detention in the United Kingdom.
2
The judge may adjourn the extradition hearing until the sentence has been served.
F13
In a case where an extradition hearing is 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 (S.I. 1981/1675 (N.I. 26)) (period of remand in custody) has effect as if a reference to 28 days in—
i
paragraph (a)(iii), or
ii
the words after paragraph (b),
were a reference to six months.F1
24I3Extradition request
1
This section applies if at any time in the extradition hearing the judge is informed that—
a
a certificate has been issued under section 70 in respect of a request for the person’s extradition;
b
the request has not been disposed of;
c
an order has been made under section 179(2) for further proceedings on the warrant to be deferred until the request has been disposed of.
2
The judge must remand the person in custody or on bail.
3
25I4Physical or mental condition
1
This section applies if at any time in the extradition hearing it appears to the judge that the condition in subsection (2) is satisfied.
2
The condition is that the physical or mental condition of the person in respect of whom the Part 1 warrant is issued is such that it would be unjust or oppressive to extradite him.
3
The judge must—
a
order the person’s discharge, or
b
adjourn the extradition hearing until it appears to him that the condition in subsection (2) is no longer satisfied.
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))