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1048
Uluslararası Adli İşbirliği
37- Undertaking in relation to person serving sentence in United Kingdom
(1) This section applies if—
(a) the appropriate judge orders a person’s extradition to a category 1 territory under
this Part;
(b) the person is serving a sentence of imprisonment or another form of detention in
the United Kingdom.
(2) But this section does not apply if the order is made under section 46 or 48.
(3) The judge may make the order for extradition subject to the condition that extradition is
not to take place before he receives an undertaking given on behalf of the category 1 territory in
terms specified by him.
(4) The terms which may be specified by the judge in relation to a person accused in a cate-
gory 1 territory of the commission of an offence include terms—
(a) that the person be kept in custody until the conclusion of the proceedings against
him for the offence and any other offence in respect of which he is permitted to be dealt with in
the category 1 territory;
(b) that the person be returned to the United Kingdom to serve the remainder of his
sentence on the conclusion of those proceedings.
(5) The terms which may be specified by the judge in relation to a person alleged to be un-
lawfully at large after conviction of an offence by a court in a category 1 territory include terms
that the person be returned to the United Kingdom to serve the remainder of his sentence after
serving any sentence imposed on him in the category 1 territory for—
(a) the offence, and
(b) any other offence in respect of which he is permitted to be dealt with in the cate-
gory 1 territory.
(6) Subsections (7) and (8) apply if the judge makes an order for extradition subject to a con-
dition under subsection (3).
(7) If the judge does not receive the undertaking before the end of the period of 21 days star-
ting with the day on which he makes the order and the person applies to the appropriate judge
to be discharged, the judge must order his discharge.
(8) If the judge receives the undertaking before the end of that period—
(a) in a case where section 35 applies, the required period for the purposes of section