Section 36C: Judge informed after extradition hearing that person is 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—

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 serving a sentence of imprisonment or another form of detention in the United Kingdom.

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.

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