Section 128: Consent to extradition before case sent to Secretary of State
362.This section applies if a person consents to his extradition before the appropriate judge.
363.If a person consents the judge is no longer required to fix a date for the extradition hearing or, if the hearing has started, the judge no longer has to continue with it (subsections (2) and (3)). Subsection (4) requires the judge to send the case to the Secretary of State for his decision as to whether the person is to be extradited. If a person consents then it is taken that he has waived his right to speciality, that is the right not to be dealt with in the category 2 territory for an offence committed before his extradition unless certain exceptions apply (subsection (5)).
