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Part 2 U.K.Extradition to category 2 territories

Commencement Information

I1Act 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))

Secretary of State’s functionsU.K.

Commencement Information

I2Act 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))

98Deferral: person serving sentence in United KingdomU.K.

(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]F1 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)]F2.

Textual Amendments

Commencement Information

I3Act 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))