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Section 88: Person charged with offence in United Kingdom

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

Part 2: Extradition to category 2 territories

This section applies if at any time in the extradition hearing the judge is informed that the person is charged with an offence in the United Kingdom.

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the charge is withdrawn;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

If before he adjourns the extradition hearing under subsection (2) the judge has decided under section 79 whether the person's extradition is barred by reason of the rule against double jeopardy, the judge must decide that question again after the resumption of the hearing.

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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.