Basic HTML Version
1133
Kanunları ve Tercümeleri
Act;
(b) before his extradition he has been convicted of an offence in the United Kingdom;
(c) he has not been extradited in respect of that offence.
(2) The punishment for the offence must be treated as remitted but the person’s conviction for
the offence must be treated as a conviction for all other purposes.
153 - Return of person acquitted or not tried
(1) This section applies if—
(a) a person is accused in the United Kingdom of the commission of an offence;
(b) the person is extradited to the United Kingdom in respect of the offence from—
(i) a category 1 territory under law of the territory corresponding to Part 1 of this
Act, or
(ii) a category 2 territory under law of the territory corresponding to Part 2 of this
Act;
(c) the condition in subsection (2) or the condition in subsection (3) is satisfied.
(2) The condition is that—
(a) proceedings against the person for the offence are not begun before the end of the
required period, which is 6 months starting with the day on which the person arrives in the United
Kingdom on his extradition, and
(b) before the end of the period of 3 months starting immediately after the end of the
required period the person asks the Secretary of State to return him to the territory from which
he was extradited.
(3) The condition is that—
(a) at his trial for the offence the person is acquitted or is discharged under any of the
provisions specified in subsection (4), and
(b) before the end of the period of 3 months starting immediately after the date of his
acquittal or discharge the person asks the Secretary of State to return him to the territory from
which he was extradited.
(4) The provisions are—
(a) section 12(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6);
(b) section 246(1), (2) or (3) of the Criminal Procedure (Scotland) Act 1995 (c. 46);
(c) Article 4(1) of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I.
24)).