Extradition Act 2003

56Request for consent to further extradition to category 1 territoryE+W+S+N.I.

This section has no associated Explanatory Notes

(1)This section applies if—

(a)a person is extradited to a category 1 territory (the requesting territory) in accordance with this Part;

(b)the appropriate judge receives a request for consent to the person’s extradition to another category 1 territory for an offence;

(c)the request is certified under this section by the designated authority.

(2)The designated authority may certify a request for consent under this section if it believes that the authority making the request—

(a)is a judicial authority of the requesting territory, and

(b)has the function of making requests for the consent referred to in subsection (1)(b) in that territory.

(3)A certificate under subsection (2) must certify that the authority making the request falls within paragraphs (a) and (b) of that subsection.

(4)The judge must serve notice on the person that he has received the request for consent, unless he is satisfied that it would not be practicable to do so.

(5)The consent hearing must begin before the end of the required period, which is 21 days starting with the day on which the request for consent is received by the designated authority.

(6)The judge may extend the required period if he believes it to be in the interests of justice to do so; and this subsection may apply more than once.

(7)The power in subsection (6) may be exercised even after the end of the required period.

(8)If the consent hearing does not begin before the end of the required period and the judge does not exercise the power in subsection (6) to extend the period, he must refuse consent.

(9)The judge may at any time adjourn the consent hearing.

(10)The consent hearing is the hearing at which the judge is to consider the request for consent.

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Commencement Information

I1Act 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))