Criminal Justice Act 2003, section 243

Persons extradited to the United Kingdom

Part 12 Sentencing

(1)A fixed-term prisoner is an extradited prisoner for the purposes of this section if—

(a)he was tried for the offence in respect of which his sentence was imposed [F267or he received that sentenceF267] —

(i)after having been extradited to the United Kingdom, and

(ii)without having first been restored or had an opportunity of leaving the United Kingdom, and

(b)he was for any period kept in custody while awaiting his extradition to the United Kingdom as mentioned in paragraph (a) [F268, and

(c)the court has specified under section 327(3) of the Sentencing Code the number of days for which the prisoner was so kept in custody.F268]

F269[F270 (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2A)Section 240ZA applies to days specified under [F271 section 327(3) of the Sentencing CodeF271] as if they were days for which the prisoner was remanded in custody in connection with the offence or a related offence.F270]

F272(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Definitions used in section 243 4

fixed-term prisoner

(1) In this Chapter “fixed-term prisoner” means—

(a)a person serving a sentence of imprisonment for a determinate term, or

(b)a person serving a determinate sentence of detention under section 91 or 96 of the PCC(S)A 2000, under section 226A, 226B, 227 , 228 or 236A of this Act or under section 250 , 252A , 254, 262, 265, 266 or 268A of the Sentencing Code .

Defined in s.237(1) · see it in the full Act

“fixed-term prisoner” and “fixed-term sentence” have the meaning given by section 237(1) (as extended by section 237(1B));

Defined in s.268(1) · see it in the full Act
prisoner

(2) In this Chapter, unless the context otherwise requires, “prisoner” includes a person serving a sentence falling within subsection (1)(b); and “prison” includes any place where a person serving such a sentence is liable to be detained.

Defined in s.237(2) · see it in the full Act

“prison” and “prisoner” are to be read in accordance with section 237(2);

Defined in s.268(1) · see it in the full Act
court

“court” (without more), except in Chapter 7, does not include a service court , but this does not apply where a contrary intention appears from any provision of the Armed Forces Act 2006 ;

Defined in s.305(1) · see it in the full Act
the court

(2) In relation to such an application or reference, any reference to “the court” in section 269(2) to (5) and Schedule 21 is to be read as a reference to the High Court.

Defined in Sch.22 para.11(2) · see it in the full Act

Cases considering section 243 14

Julian Philip Myerscough v R

[2023] EWCA Crim 279 · 22 March 2023Interprets

The court interpreted section 243 as applying to qualifying custody connected with the extradition which led to the relevant trial or sentence. It excluded the 2017 in absentia sentence but required specification of the Romanian detention for the 2019 sentence. (see paras [19]-[22]; [30]; [40]) The court treated the definition of an extradited prisoner as requiring trial or sentence after extradition, without restoration or an opportunity to leave, together with custody awaiting that extradition. (see paras [19]; [22]) The post-extradition trial or sentence requirement was treated as a condition of section 243. It was not met by the 2017 sentence imposed in absentia. (see paras [14]; [19]) The court applied the requirement that trial or sentence occur after extradition to the United Kingdom. (see paras [19]; [22]) The court noted the further requirement that the prisoner had not first been restored or given an opportunity to leave the United Kingdom. (see para [22]) Custody awaiting extradition was construed as referring to the extradition which led to the relevant trial. It therefore covered the Romanian custody, not the earlier Irish custody. (see para [22]) The court applied section 243(2) to require specification in open court of the 17 days spent in Romanian custody awaiting extradition for the offences. The omission was corrected on appeal and those days count towards the sentence. (see paras [21]; [30]; [40]) Cited only.

REGINA v DAVID WILSON

[2021] EWCA Crim 1537 · 6 October 2021

Section 243(2) required the sentencing court to specify the days spent in custody awaiting extradition. The requirement was mandatory, and the court specified 124 days so that credit could be given. (see paras [4]; [5])

Griffiths, R v

[2020] EWCA Crim 732 · 19 May 2020

The court applied the requirement that extradition-detention days be announced in open court. It regularised the omission by specifying 430 days’ detention awaiting extradition (see para [27]).

What each judgment says about section 243 is in the case-law panel in the full Act.

Explanatory note

573.This section re-enacts (with some modification) section 47 of the Criminal Justice Act 1991. Subsection (2) ensures that in the case of an extradited prisoner (as defined by subsections (1)), days spent in custody awaiting extradition may subsequently be subtracted from any custodial sentence passed by the court.

All the explanatory notes for the Act

Amendments and notes

8 notes from legislation.gov.uk

Amendments

  1. F267Words in s. 243(1) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 31; S.I. 2006/3364, art. 2
  2. F268S. 243(1)(c) and word inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 222(2) (with Sch. 27); S.I. 2020/1236, reg. 2
  3. F269S. 243(2) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 222(3) (with Sch. 27); S.I. 2020/1236, reg. 2
  4. F270S. 243(2)(2A) substituted for s. 243(2) (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 110(8), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
  5. F271Words in s. 243(2A) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 222(4) (with Sch. 27); S.I. 2020/1236, reg. 2
  6. F272S. 243(3) repealed (27.7.2004) by The Extradition Act 2003 (Repeals) Order 2004 (S.I. 2004/1897), art. 3

Modifications

  1. C30S. 243 applied (15.1.2007) by Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), s. 101(12A) (as inserted by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 32; S.I. 2006/3364, art. 2)

Commencement

  1. I101S. 243 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)