Commentary on Sections Part 12: Extradition Section 166: Detention of extradited person for trial in England and Wales for other offences
488.Section 166 inserts a new section 151B into the 2003 Act to implement Article 3 of the Fourth Additional Protocol to the European Convention on Extradition, a multilateral treaty that governs extradition between Council of Europe Member States, other than where the EAW applies. The UK Government signed the protocol on 6 January 2014. New section 151B provides that a person may be detained whilst a request to waive the rule of speciality is being considered by the State that originally extradited him or her to the UK, provided certain conditions are met. Both States must have made the relevant declaration under the European Convention on Extradition and those declarations must still be in force (new section 151B(2)(a)). The Secretary of State must also give notification of the date on which detention is to begin and such notification must be explicitly acknowledged by the other State (new section 151B(2)(c)). The period of detention may not exceed 90 days beginning on the day the request to waive the rule of speciality is received (new section 151B(4)).