Section 131: Consent to further extradition to category 1 territory
370.This section applies where a person has been extradited to a category 2 territory and the Secretary of State receives a valid request for consent to re-extradite the person to a category 1 territory for an offence other than the offence for which he was extradited (subsection (1)). A valid request is one made by a recognised authority (subsection (2)) and the Secretary of State must serve notice on the person that he has received a request for consent, unless it would not be practicable to do so (subsection (3)).
371.The Secretary of State must decide whether the offence is an extradition offence within the meaning of section 64 (subsection (4)). If he decides that it is the Secretary of State must decide if the appropriate judge would order extradition under sections 11 to 25 if the person were in the United Kingdom (subsection (6)). If the Secretary of State decides that the offence is not an extradition offence, or that the judge would not order extradition, then consent must be refused (subsections (5) and (8)). If the Secretary of State is satisfied that the offence is an extradition offence and that the judge would order extradition, then consent may be given (subsection (7)).
