SCHEDULES
SCHEDULE 13Extradition
Part 1Amendments to the Extradition Act 2003
Requests for extradition of persons unlawfully at large
I11
1
In section 2 (Part 1 warrant and certificate), in subsection (5)(a), for “is alleged to be unlawfully at large after conviction” there is substituted “
has been convicted
”
.
2
In section 70 (request and certificate for extradition to category 2 territory)—
a
in subsection (3), after “subsection (4)” there is inserted “
or the statement referred to in subsection (4A)
”
;
b
for subsection (4) there is substituted—
4
The statement is one that—
a
the person is accused in the category 2 territory of the commission of an offence specified in the request, and
b
the request is made with a view to his arrest and extradition to the category 2 territory for the purpose of being prosecuted for the offence.
4A
The statement is one that—
a
the person has been convicted of an offence specified in the request by a court in the category 2 territory, and
b
the request is made with a view to his arrest and extradition to the category 2 territory for the purpose of being sentenced for the offence or of serving a sentence of imprisonment or another form of detention imposed in respect of the offence.
3
In section 142 (issue of Part 3 warrant), in subsection (5)(a), for “is alleged to be unlawfully at large after conviction” there is substituted “
has been convicted
”
.
I22
1
In section 14 (passage of time), for the words from “since” to the end there is substituted
since he is alleged to have—
a
committed the extradition offence (where he is accused of its commission), or
b
become unlawfully at large (where he is alleged to have been convicted of it)
2
After section 68 there is inserted—
68AUnlawfully at large
1
A person is alleged to be unlawfully at large after conviction of an offence if—
a
he is alleged to have been convicted of it, and
b
his extradition is sought for the purpose of his being sentenced for the offence or of his serving a sentence of imprisonment or another form of detention imposed in respect of the offence.
2
This section applies for the purposes of this Part, other than sections 14 and 63.
3
In section 82 (passage of time), for the words from “since” to the end there is substituted
since he is alleged to have—
a
committed the extradition offence (where he is accused of its commission), or
b
become unlawfully at large (where he is alleged to have been convicted of it)
4
After section 140 there is inserted—
140AUnlawfully at large
1
A person is alleged to be unlawfully at large after conviction of an offence if—
a
he is alleged to have been convicted of it, and
b
his extradition is sought for the purpose of his being sentenced for the offence or of his serving a sentence of imprisonment or another form of detention imposed in respect of the offence.
2
This section applies for the purposes of this Part, other than sections 82 and 136.
5
In section 143 (undertaking in relation to person serving sentence), in subsection (4), for “alleged to be unlawfully at large after conviction” there is substituted “
who has been convicted
”
.
6
In section 148 (extradition offences), in subsection (3)(a), for “is alleged to be unlawfully at large after conviction” there is substituted “
has been convicted
”
.
7
In section 179 (competing claims to extradition), after subsection (4) there is inserted—
5
For the purposes of this section a person is alleged to be unlawfully at large after conviction of an offence if—
a
he is alleged to have been convicted of it, and
b
his extradition is sought for the purpose of his being sentenced for the offence or of his serving a sentence of imprisonment or another form of detention imposed in respect of the offence.
8
In section 188 (re-extradition to category 1 territories), in subsection (1)(b)(i), for “was alleged to be unlawfully at large after conviction” there is substituted “
had been convicted
”
.
9
In section 189 (re-extradition to category 2 territories), in subsection (1)(b), for “was alleged to be unlawfully at large after conviction” there is substituted “
had been convicted
”
.