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1160
Uluslararası Adli İşbirliği
(a) a sentence of imprisonment or another form of detention for a term of 4 months or
a greater punishment (the overseas sentence) was imposed on the person in the territory;
(b) the overseas sentence was imposed on him in respect of—
(i) the offence specified in the warrant or request, or
(ii) any other offence committed before his extradition in respect of which he was
permitted to be dealt with in the territory.
(6) The fifth condition is that before serving the overseas sentence the person was returned to
the United Kingdom to serve the remainder of the UK sentence.
187- Re-extradition hearing
(1) If this section applies in relation to a person, as soon as practicable after the relevant time
the person must be brought before the appropriate judge for the judge to decide whether the
person is to be extradited again to the territory in which the overseas sentence was imposed.
(2) The relevant time is the time at which the person would otherwise be released from deten-
tion pursuant to the UK sentence (whether or not on licence).
(3) If subsection (1) is not complied with and the person applies to the judge to be discharged,
the judge must order his discharge.
(4) The person must be treated as continuing in legal custody until he is brought before the
appropriate judge under subsection (1) or he is discharged under subsection (3).
(5) If the person is brought before the appropriate judge under subsection (1) the judge must
decide whether the territory in which the overseas sentence was imposed is—
(a) a category 1 territory;
(b) a category 2 territory;
(c) neither a category 1 territory nor a category 2 territory.
(6) If the judge decides that the territory is a category 1 territory, section 188 applies.
(7) If the judge decides that the territory is a category 2 territory, section 189 applies.
(8) If the judge decides that the territory is neither a category 1 territory nor a category 2 ter-
ritory, he must order the person’s discharge.