Part 2Extradition to category 2 territories
Consent to extradition
127Consent to extradition: general
1
A person arrested under a warrant issued under section 71 may consent to his extradition to the category 2 territory to which his extradition is requested.
2
A person arrested under a provisional warrant may consent to his extradition to the category 2 territory in which he is accused of the commission of an offence or is alleged to have been convicted of an offence.
3
Consent under this section—
a
must be given in writing;
b
is irrevocable.
4
Consent under this section which is given by a person before his case is sent to the Secretary of State for the Secretary of State’s decision whether he is to be extradited must be given before the appropriate judge.
5
Consent under this section which is given in any other case must be given to the Secretary of State.
6
A person may not give his consent under this section before the appropriate judge 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 (7) applies.
7
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he was granted legal aid but the legal aid was withdrawn.
8
In subsection (7) “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.
9
For the purposes of subsection (6) 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.