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← Extradition Act 2003

Extradition Act 2003 s 97

Extradition Act 2003 s 97

s 97 Deferral: person charged with offence in United Kingdom

(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 charged with an offence in the United Kingdom. (2) The Secretary of State must not make a decision with regard to the person’s extradition until one of these occurs— (a) the charge is disposed of; (b) the charge is withdrawn; (c) proceedings in respect of the charge are discontinued; (d) an order is made for the charge to lie on the file or, in relation to Scotland, the diet is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 Secretary of State may defer making a decision with regard to the person’s extradition until the person is released from detention pursuant to the sentence (whether on licence or otherwise) .

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