Page 1076 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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1064
Uluslararası Adli İşbirliği
(7) If the Secretary of State decides that question in the affirmative he must decide whether
the appropriate judge would send the case to him (for his decision whether the person was to be
extradited) under sections 79 to 91 if—
(a) the person were in the United Kingdom, and
(b) the judge were required to proceed under section 79 in respect of the offence for
which the Secretary of State’s consent is requested.
(8) If the Secretary of State decides the question in subsection (7) in the negative he must
refuse his consent.
(9) If the Secretary of State decides that question in the affirmative he must decide whether,
if the person were in the United Kingdom, his extradition to the category 2 territory in respect of
the offence would be prohibited under section 94, 95 or 96.
(10) If the Secretary of State decides the question in subsection (9) in the negative he may give
consent.
(11) If the Secretary of State decides that question in the affirmative he must refuse consent.
(12) This section applies in relation to any function which falls under this section to be exer-
cised in relation to Scotland only as if the references in this section to the Secretary of State were
to the Scottish Ministers.
59- Return of person to serve remainder of sentence
(1) This section applies if—
(a) a person who is serving a sentence of imprisonment or another form of detention in
the United Kingdom is extradited to a category 1 territory in accordance with this Part;
(b) the person is returned to the United Kingdom to serve the remainder of his senten-
ce.
(2) The person is liable to be detained in pursuance of his sentence.
(3) If he is at large he must be treated as being unlawfully at large.
(4) Time during which the person was not in the United Kingdom as a result of his extradition
does not count as time served by him as part of his sentence.
(5) But subsection (4) does not apply if—