Part 1

Extradition to category 1 territories

Post-extradition matters

Questions for decision at consent hearing
57
1
At the consent hearing under section 56 the judge must decide whether consent is required to the person’s extradition to the other category 1 territory for the offence.
2
If the judge decides the question in subsection (1) in the negative he must inform the authority making the request of his decision.
3
If the judge decides that question in the affirmative he must decide whether the offence is an extradition offence in relation to the category 1 territory referred to in section 56(1)(b).
4
If the judge decides the question in subsection (3) in the negative he must refuse consent.
5
If the judge decides that question in the affirmative he must decide whether he would order the person’s extradition under sections 11 to 25 if—
a
the person were in the United Kingdom, and
b
the judge were required to proceed under section 11 in respect of the offence for which consent is requested.
6
If the judge decides the question in subsection (5) in the affirmative he must give consent.
7
If the judge decides that question in the negative he must refuse consent.
8
Consent is not required to the person’s extradition to the other territory for the offence if the person has been given an opportunity to leave the requesting territory and—
a
he has not done so before the end of the permitted period, or
b
if he did so before the end of the permitted period, he has returned there.
9
The permitted period is 45 days starting with the day on which the person arrived in the requesting territory following his extradition there in accordance with this Part.
10
Subject to subsection (8), the judge must decide whether consent is required to the person’s extradition to the other territory for the offence by reference to what appears to him to be the arrangements made between the requesting territory and the United Kingdom.
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))