Extradition Act 2003

45 Consent to extradition

(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.

(3) If a person consents to his extradition under this section he must be taken to have waived any right he would have (apart from the consent) not to be dealt with in the category 1 territory for an offence committed before his extradition.

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(c) he was granted legal aid but the legal aid was withdrawn.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

(a) in England and Wales, a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service;

(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.