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1091
Kanunları ve Tercümeleri
respect of which a sentence of death could be imposed;
(c) an extradition offence in respect of which the Secretary of State consents to the
person being dealt with;
(d) an offence in respect of which the person waives the right that he would have (but
for this paragraph) not to be dealt with for the offence.
(5) Arrangements made with a category 2 territory which is a Commonwealth country or a
British overseas territory may be made for a particular case or more generally.
(6) A certificate issued by or under the authority of the Secretary of State confirming the exis-
tence of arrangements with a category 2 territory which is a Commonwealth country or a British
overseas territory and stating the terms of the arrangements is conclusive evidence of those mat-
ters.
96- Earlier extradition to United Kingdom from other territory
The Secretary of State must not order a person’s extradition to a category 2 territory if—
(a) the person was extradited to the United Kingdom from another territory (the extra-
diting territory);
(b) under arrangements between the United Kingdom and the extraditing territory,
that territory’s consent is required to the person’s extradition from the United Kingdom to the
category 2 territory in respect of the extradition offence under consideration;
(c) that consent has not been given on behalf of the extraditing territory.
97- Deferral: person charged with offence in United Kingdom
(1) This section applies if—
(a) the appropriate judge sends a case to the Secretary of State under this Part for his
decision whether a person is to be extradited;
(b) the person is charged with an offence in the United Kingdom.
(2) The Secretary of State must not make a decision with regard to the person’s extradition
until one of these occurs—
(a) the charge is disposed of;
(b) the charge is withdrawn;
(c) proceedings in respect of the charge are discontinued;
(d) 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.
(3) If a sentence of imprisonment or another form of detention is imposed in respect of the