PART 12Extradition

Time spent in custody awaiting extradition to the United Kingdom

171Discount on sentence for time spent in custody awaiting extradition: England and Wales

In section 49 of the Prison Act 1952 (persons unlawfully at large), after subsection (3) there is inserted—

3A

Where—

a

a person is extradited to the United Kingdom from a category 1 territory for the purpose of serving a term of imprisonment or another form of detention mentioned in subsection (2) of this section, and

b

the person was for any time kept in custody in that territory with a view to the extradition (and not also for any other reason),

the Secretary of State shall exercise the power under that subsection to direct that account shall be taken of that time in calculating the period for which the person is liable to be detained.

3B

In subsection (3A) of this section “category 1 territory” means a territory designated under the Extradition Act 2003 for the purposes of Part 1 of that Act.