Section 58: Consent to further extradition to category 2 territory
170.Subsection (1) states that the section applies if a person has been extradited to a category 1 territory and the Secretary of State receives a certified request for consent to extradite the person from the category 1 territory to a category 2 territory. The relevant designated authority in the United Kingdom may, under subsection (2), certify such a request if it is satisfied that it has come from the proper judicial authority for making such requests in the requesting territory.
171.The Secretary of State must then serve notice on the person that a request for consent has been received, unless it would not be practicable to do so (subsection (4)).
172.Subsection (5) requires the Secretary of State to decide whether the offence is an extradition offence, as defined in section 137, in relation to the category 2 territory. If he decides that it is not, he must refuse consent (subsection (6)).
173.If the Secretary of State decides that the offence is an extradition offence, then he must decide whether the appropriate judge would send the case to him under sections 79 to 91 if the person were in the United Kingdom (subsection (7)). If he decides that the judge would not, he must refuse consent (subsection (8)).
174.If he decides that the judge would send him the case, the Secretary of State must then decide whether the person’s extradition would have been barred, if the person were in the United Kingdom (subsection (9)). He must consider reasons relating to the death penalty, speciality or his earlier extradition from another territory (see sections 94 to 96). If it would not have been barred, the Secretary of State may then give his consent under subsection (10). If it would have been barred, the Secretary of State must refuse consent to re-extradition to the category 2 territory (subsection (11)).
175.For the purposes of this section, where any of these functions are exercised solely in relation to cases in Scotland, references to the Secretary of State are to be read as references to the Scottish Ministers (subsection (12)).
