Part 1 U.K. Extradition to category 1 territories

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))

Consent to extradition U.K.

Commencement Information

I2 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))

51 Extradition request following consent U.K.

(1) This section applies if—

(a) a person in respect of whom a Part 1 warrant is issued consents under section 45 to his extradition to the category 1 territory in which the warrant was issued, and

(b) the condition in subsection (2) is satisfied before the judge orders his extradition under section 46(6) or 48(3)(a).

(2) The condition is that the judge is informed that—

(a) a certificate has been issued under section 70 in respect of a request for the person’s extradition;

(b) the request has not been disposed of.

(3) The judge must not make an order under section 46(6) or 48(3) until he is informed what order has been made under section 179(2).

(4) If the order under section 179(2) is for further proceedings on the warrant to be deferred until the request has been disposed of, the judge must remand the person in custody or on bail.

(5) [F1 If the person is remanded in custody, the appropriate judge may]F1 later grant bail.

(6) If—

(a) the order under section 179(2) is for further proceedings on the warrant to be deferred until the request has been disposed of, and

(b) an order is made under section 180 for proceedings on the warrant to be resumed,

the period specified in section 46(6) must be taken to be 10 days starting with the day on which the order under section 180 is made.

(7) If the order under section 179(2) is for further proceedings on the request to be deferred until the warrant has been disposed of, the period specified in section 46(6) must be taken to be 10 days starting with the day on which the judge is informed of the order.

Textual Amendments

F1 Words in s. 51(5) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 16; S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I3 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))