Page 1134 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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1122
Uluslararası Adli İşbirliği
138- Extradition offences: person sentenced for offence
(1) This section applies in relation to conduct of a person if—
(a) he is alleged to be unlawfully at large after conviction by a court in a category 2
territory of an offence constituted by the conduct, and
(b) he has been sentenced for the offence.
(2) The conduct constitutes an extradition offence in relation to the category 2 territory if
these conditions are satisfied—
(a) the conduct occurs in the category 2 territory;
(b) the conduct would constitute an offence under the law of the relevant part of the
United Kingdom punishable with imprisonment or another form of detention for a term of 12
months or a greater punishment if it occurred in that part of the United Kingdom;
(c) a sentence of imprisonment or another form of detention for a term of 4 months
or a greater punishment has been imposed in the category 2 territory in respect of the conduct.
(3) The conduct also constitutes an extradition offence in relation to the category 2 territory if
these conditions are satisfied—
(a) the conduct occurs outside the category 2 territory;
(b) a sentence of imprisonment or another form of detention for a term of 4 months
or a greater punishment has been imposed in the category 2 territory in respect of the conduct;
(c) in corresponding circumstances equivalent conduct would constitute an extra-ter-
ritorial offence under the law of the relevant part of the United Kingdom punishable with impri-
sonment or another form of detention for a term of 12 months or a greater punishment.
(4) The conduct also constitutes an extradition offence in relation to the category 2 territory if
these conditions are satisfied—
(a) the conduct occurs outside the category 2 territory and no part of it occurs in the
United Kingdom;
(b) the conduct would constitute an offence under the law of the relevant part of the
United Kingdom punishable with imprisonment or another form of detention for a term of 12
months or a greater punishment if it occurred in that part of the United Kingdom;
(c) a sentence of imprisonment or another form of detention for a term of 4 months
or a greater punishment has been imposed in the category 2 territory in respect of the conduct.
(5) The conduct also constitutes an extradition offence in relation to the category 2 territory if
these conditions are satisfied—
(a) the conduct occurs outside the category 2 territory and no part of it occurs in the
United Kingdom;