S.L. 276.5 Art. 49Extradition request following consent.

(1) This article applies if -

(a) a person in respect of whom a Part II warrant is issued consents under article 43 to his return to the scheduled country in which the warrant was issued, and

(b) the condition in sub-article (2) is satisfied before the court orders his return under article 44(5) or 46(3)(a).

(2) The condition is that the court is informed that -

(a) a request by a country other than a scheduled country for the person’s return has been received by a Minister under the relevant Act;

(b) the request has not been disposed of.

(3) The court must not make an order under article 44(5) or 46(3) until it is informed whether an order has been made under article 13 of the relevant Act.

(4) If the court is informed that an order has been made under article 13 of the relevant Act it must suspend further proceedings.

(5) If -

(a) an order has been made under article 13 of the relevant Act, and

(b) the extradition request in respect of which the order in paragraph (a) was made has been disposed of, the court may make an order for the proceedings to be resumed.

(6) Where the court makes an order under sub-article (5) for the proceedings to be resumed the period specified in article 44(5) must be taken to be ten days starting with the day on which the order under sub-article (5) is made.

(7) If the court is informed that the Minister will not be issuing an order under article 13 of the relevant Act the period specified in article 44(5) must be taken to be ten days starting with the day on which the court is informed as aforesaid.