Extradition Act 2003 Explanatory Notes

Section 56: Request for consent to further extradition to category 1 territory

163.This section applies if a person has been extradited to a category 1 territory and a judge receives a certified request for his consent to the person's extradition to another category 1 territory (subsection (1)). The relevant designated authority in the United Kingdom may, under subsection (2), certify such a request if it is satisfied that it has come from the proper judicial authority for making such requests in that country.

164.The judge must then serve notice on the person that a request for consent has been received, unless it would not be practicable to do so (subsection (4)).

165.The consent hearing is required to begin within 21 days of the designated authority receiving the request (subsection (5)). The judge has the power to extend this time if he considers it to be in the interests of justice and he may do so more than once (subsection (6)), and even after the 21 days has passed (subsection (7)).

166.The judge is required to refuse consent under subsection (8) if the hearing has not started by the end of the given time and no extension has been granted. Subsection (9) provides for the judge to adjourn the hearing at any time and subsection (10) defines the consent hearing as being that at which the judge is to consider the request for consent.

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