Section 97: Deferral: person charged with offence in United Kingdom

Extradition Act 2003 · 2003 c. 41View on legislation.gov.uk

Part 2: Extradition to category 2 territories

This section applies if—

the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited;
the person is charged with an offence in the United Kingdom.

The Secretary of State must not make a decision with regard to the person's extradition until one of these occurs—

the charge is disposed of;
the charge is withdrawn;
proceedings in respect of the charge are discontinued;
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.

If a sentence of imprisonment or another form of detention is imposed in respect of the offence charged, the Secretary of State may defer making a decision with regard to the person's extradition until the person is released from detention pursuant to the sentence (whether on licence or otherwise).

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.