Chwilio Deddfwriaeth

Extradition Act 2003

 Help about what version

Pa Fersiwn

 Help about advanced features

Nodweddion Uwch

 Help about opening options

Dewisiadau AgorExpand opening options

Changes over time for: Section 45

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Extradition Act 2003, Section 45. Help about Changes to Legislation

45Consent to extraditionU.K.

This adran has no associated Nodiadau Esboniadol

(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.

F1(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(c)he was granted legal aid but the legal aid was withdrawn.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—

[F2(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.

Textual Amendments

F2S. 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)

Commencement Information

I1Act 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))

Yn ôl i’r brig

Options/Cymorth

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?