Part 1

Extradition to category 1 territories

Consent to extradition

Consent to extradition
45
1
A person arrested under a Part 1 warrant may consent to his extradition to the category 1 territory in which the warrant was issued.
2
A person arrested under section 5 may consent to his extradition to the category 1 territory referred to in subsection (1) of that section.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Consent under this section—
a
must be given before the appropriate judge;
b
must be recorded in writing;
c
is irrevocable.
5
A person may not give his consent under this section 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 (6) applies.
6
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he was granted legal aid but the legal aid was withdrawn.
7
In subsection (6) “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.
8
For the purposes of subsection (5) 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. 45(7)(a) substituted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 para. 63; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)
S. 45(3) repealed (21.7.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 163(a), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/1916, art. 2(i) (with art. 5)