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Part 5U.K.Miscellaneous and general

Competing extradition claimsU.K.

181Proceedings where extradition deferredU.K.

(1)This section applies if—

(a)an order is made under this Act deferring a person’s extradition in pursuance of an extradition claim (the deferred claim) until another extradition claim in respect of him has been disposed of;

(b)the other extradition claim is disposed of [F1in the person's favour].

(2)The judge may make an order for the person’s extradition in pursuance of the deferred claim to cease to be deferred.

(3)No order under subsection (2) may be made after the end of the required period.

(4)If the person applies to the appropriate judge to be discharged, the judge may order his discharge.

(5)If the person applies to the appropriate judge to be discharged, the judge must order his discharge if—

(a)the required period has ended, and

(b)the judge has not made an order under subsection (2) or ordered the person’s discharge.

(6)The required period is 21 days starting with the day on which the other extradition claim is disposed of.

(7)If the person’s extradition in pursuance of the deferred claim was ordered under Part 1, section 67 applies for determining the appropriate judge.

(8)If the person’s extradition in pursuance of the deferred claim was ordered under Part 2, section 139 applies for determining the appropriate judge.

(9)An extradition claim is made in respect of a person if—

(a)a Part 1 warrant is issued in respect of him;

(b)a request for his extradition is made.

[F2(10)An extradition claim made in respect of a person is disposed of in the person's favour if—

(a)in the case of a Part 1 warrant, the warrant is disposed of as mentioned in subsection (1)(a) or (b) of section 213;

(b)in the case of a request for extradition, the request is disposed of as mentioned in subsection (2)(a) or (b) of that section.]

Textual Amendments

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))