(1) Where, in the case of a fugitive whose surrender is sought, the Attorney General at any time determines that—
(a) the fugitive may not be surrendered under this Act by reason of section 6; or
(b) the Commonwealth country or foreign State for which his or her surrender is sought does not intend to make a requisition under this Act for his or her surrender,
the Attorney General shall not make an order for the surrender of the fugitive; and if the Attorney General had before such determination made an order for the surrender of the fugitive he or she shall, by order under his or her hand, vacate that order.
(2) Where a determination is made under subsection (1), the Attorney General shall vacate, by order under his or her hand, any warrant issued by a magistrate under this Act; and if the fugitive concerned is in custody pursuant to a warrant issued under this Act, the Attorney General shall order him or her to be discharged out of custody and the fugitive shall be discharged accordingly.