I3Part 1Extradition to category 1 territories

Annotations:
Commencement Information
I3

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))

I2Repatriation cases

Annotations:
Commencement Information
I2

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))

63I1Persons serving sentences outside territory where convicted

1

This section applies if an arrest warrant is issued in respect of a person by an authority of a category 1 territory and the warrant contains the statement referred to in subsection (2).

2

The statement is one that—

a

the person is alleged to be unlawfully at large from a prison in one territory (the imprisoning territory) in which he was serving a sentence after conviction of an offence specified in the warrant by a court in another territory (the convicting territory), and

b

the person was serving the sentence in pursuance of international arrangements for prisoners sentenced in one territory to be repatriated to another territory in order to serve their sentence, and

c

the warrant is issued with a view to his arrest and extradition to the category 1 territory for the purpose of serving a sentence or another form of detention imposed in respect of the offence.

3

If the category 1 territory is either the imprisoning territory or the convicting territory, section 2(2)(b) has effect as if the reference to the statement referred to in subsection (5) of that section were a reference to the statement referred to in subsection (2) of this section.

4

If the category 1 territory is the imprisoning territory—

a

section 2(6)(e) has effect as if “the category 1 territory” read “ the convicting territory ”;

b

section 10(2) has effect as if “an extradition offence” read “ an extradition offence in relation to the convicting territory ”;

c

section 20(5) has effect as if after “entitled” there were inserted “ in the convicting territory ”;

d

section 37(5) has effect as if “a category 1 territory” read “ the convicting territory ” and as if “the category 1 territory” in both places read “ the convicting territory ”;

e

section 52(4) has effect as if “a category 1 territory” read “ the convicting territory ” and as if “the category 1 territory” in both places read “ the convicting territory ”;

f

section 65(1) has effect as if “a category 1 territory” read “ the convicting territory ”;

g

section 65(2) has effect as if “the category 1 territory” in the opening words and paragraphs (a) and (c) read “ the convicting territory ” and as if “the category 1 territory” in paragraph (b) read “ the imprisoning territory ”;

h

in section 65, subsections (3), (4), (5), (6) and (8) have effect as if “the category 1 territory” in each place read “ the convicting territory ”.