Section 23: Person serving sentence in United Kingdom

Extradition Act 2003 · 2003 c. 41View on legislation.gov.uk

Part 1: Extradition to category 1 territories

This section applies if at any time in the extradition hearing the judge is informed that the person in respect of whom the Part 1 warrant is issued is in custody serving a sentence of imprisonment or another form of detention in the United Kingdom.

The judge may adjourn the extradition hearing until the person is released from detention pursuant to the sentence (whether on licence or otherwise).

In a case where an extradition hearing is adjourned under subsection (2)—

section 131 of the Magistrates' Courts Act 1980 (remand of accused already in custody) has effect as if a reference to 28 clear days in subsection (1) or (2) of that section were a reference to six months;
Article 47(2) of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (period of remand in custody) has effect as if a reference to 28 days in—
paragraph (a)(iii), or
the words after paragraph (b),

were a reference to six months.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.