Part 2

Extradition to category 2 territories

Consent to extradition

Consent to extradition: general
127
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 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he was granted legal aid but the legal aid was withdrawn.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—
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.
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))
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))
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))
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)
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)