Extradition Act 2003

130 Consent to further extradition to category 2 territory U.K.

(1) This section applies if—

(a) a person is extradited to a category 2 territory (the requesting territory) in accordance with this Part;

(b) the Secretary of State receives a valid request for his consent to the person’s extradition to another category 2 territory for an offence other than the offence in respect of which he was extradited.

(2) A request for consent is valid if it is made by an authority which is an authority of the requesting territory and which the Secretary of State believes has the function of making requests for the consent referred to in subsection (1)(b) in that territory.

(3) The Secretary of State must serve notice on the person that he has received the request for consent, unless he is satisfied that it would not be practicable to do so.

(4) The Secretary of State must decide whether the offence is an extradition offence in relation to the category 2 territory referred to in subsection (1)(b).

(5) If the Secretary of State decides the question in subsection (4) in the negative he must refuse his consent.

(6) If the Secretary of State decides that question in the affirmative he must decide whether the appropriate judge would send the case to him (for his decision whether the person was to be extradited) under sections 79 to 91 if—

(a) the person were in the United Kingdom, and

(b) the judge were required to proceed under section 79 in respect of the offence for which the Secretary of State’s consent is requested.

(7) If the Secretary of State decides the question in subsection (6) in the negative he must refuse his consent.

(8) If the Secretary of State decides that question in the affirmative he must decide whether, if the person were in the United Kingdom, his extradition in respect of the offence would be prohibited under section 94, 95 or 96.

(9) If the Secretary of State decides the question in subsection (8) in the affirmative he must refuse his consent.

(10) If the Secretary of State decides that question in the negative he may give his consent.

Commencement Information

I1 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))