Page 1142 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

Basic HTML Version

1130
Uluslararası Adli İşbirliği
(a) he is alleged to be unlawfully at large after conviction by a court in the United King-
dom of the offence constituted by the conduct, and
(b) he has been sentenced for the offence.
(4) Conduct also constitutes an extradition offence in relation to the United Kingdom if these
conditions are satisfied—
(a) the conduct occurs in the United Kingdom;
(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 United Kingdom in respect of the conduct.
(5) Conduct also constitutes an extradition offence in relation to the United Kingdom if these
conditions are satisfied—
(a) the conduct occurs outside the United Kingdom;
(b) the conduct constitutes an extra-territorial offence;
(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 United Kingdom in respect of the conduct.
(6) The relevant part of the United Kingdom is the part of the United Kingdom in which the
relevant proceedings are taking place.
(7) The relevant proceedings are the proceedings in which it is necessary to decide whether
conduct constitutes an extradition offence.
(8) Subsections (1) to (5) apply for the purposes of sections 142 to 147.
149- The appropriate judge
(1) The appropriate judge is—
(a) in England andWales, a District Judge (Magistrates’ Courts), a justice of the peace or
a judge entitled to exercise the jurisdiction of the Crown Court;
(b) in Scotland, a sheriff;
(c) in Northern Ireland, a justice of the peace, a resident magistrate or a Crown Court
judge.
(2) This section applies for the purposes of sections 142 to 147.
Extradition from category 2 territories