Section 138: Extradition offences: person sentenced for offence, Extradition Act 2003

This section sets out whether a person's conduct constitutes an "extradition offence" for the purposes of this Part in a case where the person—

has been convicted, in the category 2 territory to which extradition is requested, of an offence constituted by the conduct, and

has been sentenced for the offence.

The conduct constitutes an extradition offence in relation to the category 2 territory if the conditions in subsection (3), (4) or (5) are satisfied.

The conditions in this subsection are that—

the conduct occurs in the category 2 territory;

the conduct would constitute an offence under the law of the relevant part of the United Kingdom punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment if it occurred in that part of the United Kingdom;

a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 2 territory in respect of the conduct.

The conditions in this subsection are that—

the conduct occurs outside the category 2 territory;

in corresponding circumstances equivalent conduct would constitute an extra-territorial offence under the relevant part of the United Kingdom punishable as mentioned in subsection (3)(b);

a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 2 territory in respect of the conduct.

The conditions in this subsection are that—

the conduct occurs outside the category 2 territory;

no part of the conduct occurs in the United Kingdom;

the conduct constitutes, or if committed in the United Kingdom would constitute, an offence mentioned in subsection (6);

a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 2 territory in respect of the conduct.

The offences are—

an offence under section 51 or 58 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity and war crimes);

an offence under section 52 or 59 of that Act (conduct ancillary to genocide etc. committed outside the jurisdiction);

an ancillary offence, as defined in section 55 or 62 of that Act, in relation to an offence falling within paragraph (a) or (b);

an offence under section 1 of the International Criminal Court (Scotland) Act 2001 (asp 13) (genocide, crimes against humanity and war crimes);

an offence under section 2 of that Act (conduct ancillary to genocide etc. committed outside the jurisdiction);

an ancillary offence, as defined in section 7 of that Act, in relation to an offence falling within paragraph (d) or (e).

If the conduct constitutes an offence under the military law of the category 2 territory but does not constitute an offence under the general criminal law of the relevant part of the United Kingdom it does not constitute an extradition offence; and subsections (1) to (6) have effect subject to this.

References in this section to "conduct" (except in the expression "equivalent conduct") are to the conduct specified in the request for the person's extradition

The relevant part of the United Kingdom is the part of the United Kingdom in which—

the extradition hearing took place, if the question of whether conduct constitutes an extradition offence is to be decided by the Secretary of State;

proceedings in which it is necessary to decide that question are taking place, in any other case.

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Section 138: Extradition offences: person sentenced for offence

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