Section 36B: Judge informed after extradition hearing that person is charged with offence in United Kingdom

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

Part 1: Extradition to category 1 territories

This section applies if—

an order has been made for the extradition of the person in respect of whom the Part 1 warrant is issued, and
before the extradition order is carried out the appropriate judge is informed that the person is charged with an offence in the United Kingdom.

The appropriate judge must order the extradition order not to be carried out until one of these occurs—

the charge is disposed of;
the charge is withdrawn;
proceedings in respect of the charge are discontinued;
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.

If a sentence of imprisonment or another form of detention is imposed in respect of the offence charged, the appropriate judge may order the extradition order not to be carried out until the person is released from detention pursuant to the sentence (whether on licence or otherwise).

Rules of court may provide that where there is an appeal against the extradition order—

a reference in this section to the appropriate judge has effect, in prescribed circumstances, as if it were a reference to the court hearing the appeal, and
this section has effect with any other prescribed modifications.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

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