Extradition Act 2003 (c. 41)

Part 2 U.K. Extradition to category 2 territories

Commencement Information

I1 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Consent to extradition U.K.

Commencement Information

I2 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

127 Consent to extradition: general U.K.

(1) A person arrested under a warrant issued under section 71 may consent to his extradition to the category 2 territory to which his extradition is requested.

(2) A person arrested under a provisional warrant [F1 or under section 74A] may consent to his extradition to the category 2 territory in which he is accused of the commission of an offence or is alleged to have been convicted of an offence.

(3) Consent under this section—

(a) must be given in writing;

(b) is irrevocable.

(4) Consent under this section which is given by a person before his case is sent to the Secretary of State for the Secretary of State’s decision whether he is to be extradited must be given before the appropriate judge.

(5) Consent under this section which is given in any other case must be given to the Secretary of State.

(6) A person may not give his consent under this section before the appropriate judge unless—

(a) he is legally represented before the appropriate judge at the time he gives consent, or

(b) he is a person to whom subsection (7) applies.

(7) This subsection applies to a person if—

(a) he has been informed of his right to apply for legal aid and has had the opportunity to apply for legal aid, but he has refused or failed to apply;

(b) he has applied for legal aid but his application has been refused;

(c) he was granted legal aid but the legal aid was withdrawn.

(8) In subsection (7) “legal aid” means—

[F2 (a) in England and Wales, representation for the purposes of criminal proceedings provided under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012;]

(b) in Scotland, such legal aid as is available by virtue of section 183(a) of this Act;

(c) in Northern Ireland, such free legal aid as is available by virtue of sections 184 and 185 of this Act.

(9) For the purposes of subsection (6) a person is to be treated as legally represented before the appropriate judge if (and only if) he has the assistance of counsel or a solicitor to represent him in the proceedings before the appropriate judge.

Textual Amendments

F1 Words in s. 127(2) inserted (31.12.2020) by Extradition (Provisional Arrest) Act 2020 (c. 18), s. 2(4), Sch. para. 14; S.I. 2020/1652, reg. 2(1)(b)

F2 S. 127(8)(a) substituted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 para. 64; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)

Commencement Information

I3 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))