QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
London WC2A 2LL
B e f o r e :
|MINISTRY OF JUSTICE OF THE REPUBLIC OF LITHUANIA||Respondent|
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Mr D Sternberg (instructed by the CPS Extradition Unit) appeared on behalf of the Respondent
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"(1)This section applies if—
(a)a person has been brought before the appropriate judge under section 4(3) or 6(2) but the extradition hearing has not begun; and
(b)the judge is informed that the person is in custody serving a sentence of imprisonment or another form of detention in the United Kingdom.
(2)The judge may order further proceedings in respect of the extradition to be adjourned until the person is released from detention pursuant to the sentence (whether on licence or otherwise)."
It may be that section 8B was added to the Act to give effect to Article 24 of the Council Framework Decision of 13 June 2002, which provides that the surrender of the requested person may be postponed so that they may serve a sentence passed for an offence other than that referred to in the European arrest warrant, although Mr Daniel Sternberg for the requesting authority says that it was added by way of response to the decision of the Divisional Court in Governor of Wandsworth Prison v Kinderis  EWHC 998 (Admin).