Part 1Extradition to category 1 territories
Post-extradition matters
54Request for consent to other offence being dealt with
1
This section applies if—
a
a person is extradited to a category 1 territory in respect of an offence in accordance with this Part;
b
the appropriate judge receives a request for consent to the person being dealt with in the territory for another offence;
c
the request is certified under this section by the designated authority.
2
The designated authority may certify a request for consent under this section if it believes that the authority making the request—
a
is a judicial authority of the territory, and
b
has the function of making requests for the consent referred to in subsection (1)(b) in that territory.
3
A certificate under subsection (2) must certify that the authority making the request falls within paragraphs (a) and (b) of that subsection.
4
The judge 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.
5
The consent hearing must begin before the end of the required period, which is 21 days starting with the day on which the request for consent is received by the designated authority.
6
The judge may extend the required period if he believes it to be in the interests of justice to do so; and this subsection may apply more than once.
7
The power in subsection (6) may be exercised even after the end of the required period.
8
If the consent hearing does not begin before the end of the required period and the judge does not exercise the power in subsection (6) to extend the period, he must refuse consent.
9
The judge may at any time adjourn the consent hearing.
10
The consent hearing is the hearing at which the judge is to consider the request for consent.