Legislation – Anti-social Behaviour, Crime and Policing Act 2014
Changes to legislation:
Anti-social Behaviour, Crime and Policing Act 2014, Section 159 is up to date with all changes known to be in force on or before 02 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 159:
- s. 102(2)(ba) inserted by 2022 c. 32 Sch. 11 para. 35(2)(a)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 102(2)(ba) inserted by 2022 c. 32 Sch. 11 para. 35(2)(a)
PART 12Extradition
Amendments of the Extradition Act 2003
159Request for temporary transfer etc
“21BRequest for temporary transfer etc
(1)
This section applies if—
(a)
a Part 1 warrant is issued which contains the statement referred to in section 2(3) (warrant issued for purposes of prosecution for offence in category 1 territory), and
(b)
at any time before or in the extradition hearing, the appropriate judge is informed that a request under subsection (2) or (3) has been made.
(2)
A request under this subsection is a request by a judicial authority of the category 1 territory in which the warrant is issued (“the requesting territory”)—
(a)
that the person in respect of whom the warrant is issued be temporarily transferred to the requesting territory, or
(b)
that arrangements be made to enable the person to speak with representatives of an authority in the requesting territory responsible for investigating, prosecuting or trying the offence specified in the warrant.
(3)
A request under this subsection is a request by the person in respect of whom the warrant is issued—
(a)
to be temporarily transferred to the requesting territory, or
(b)
that arrangements be made to enable the person to speak with representatives of an authority in the requesting territory responsible for investigating, prosecuting or trying the offence specified in the warrant.
(4)
The judge must order further proceedings in respect of the extradition to be adjourned if the judge thinks it necessary to do so to enable the person (in the case of a request under subsection (2)) or the authority by which the warrant is issued (in the case of a request under subsection (3)) to consider whether to consent to the request.
An adjournment under this subsection must not be for more than 7 days.
(5)
If the person or authority consents to the request, the judge must—
(a)
make whatever orders and directions seem appropriate for giving effect to the request;
(b)
order further proceedings in respect of the extradition to be adjourned for however long seems necessary to enable the orders and directions to be carried out.
(6)
If the request, or consent to the request, is withdrawn before effect (or full effect) has been given to it—
(a)
no steps (or further steps) may be taken to give effect to the request;
(b)
the judge may make whatever further orders and directions seem appropriate (including an order superseding one made under subsection (5)(b)).
(7)
A person may not make a request under paragraph (a) or (b) of subsection (3) in respect of a warrant if the person has already given consent to a request under the corresponding paragraph of subsection (2) in respect of that warrant (even if that consent has been withdrawn).
(8)
A person may not make a further request under paragraph (a) or (b) of subsection (3) in respect of a warrant if the person has already made a request under that paragraph in respect of that warrant (even if that request has been withdrawn).
(9)
If—
(a)
a request under subsection (2) or (3) is made before a date has been fixed on which the extradition hearing is to begin, and
(b)
the proceedings are adjourned under this section,
the permitted period for the purposes of fixing that date (see section 8(4)) is extended by the number of days for which the proceedings are so adjourned.”