S.L. 276.5 Art. 43Consent to return.

(1) A person arrested under a Part II warrant may consent to his return to the scheduled country in which the warrant is issued.

(2) A person arrested under article 9 may consent to his return to the scheduled country which has issued or will be issuing a Part II warrant in his regard.

(3) If a person consents to his return under this article he must declare whether he waives any right he would have (apart from the consent) not to be dealt with in the scheduled country for an offence committed before his return.

(4) Consent and any waiver declared under this article -

(a) must be given before the court;

(b) must be recorded in writing;

(c) is irrevocable.

(5) A person may not give his consent under this article unless -

(a) he is legally represented before the court at the time he gives consent, or

(b) he is a person to whom sub-article (6) applies.

(6) This sub-article 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(c) he was granted legal aid but the legal aid was withdrawn.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 sub-article (6) "legal aid" means a right to representation by virtue of article 77.

(8) For the purposes of sub-article (5) a person is to be treated as legally represented before the court if (and only if) he has the assistance of counsel to represent him in the proceedings before the court.