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S.L. 276.5 · Extradition (Designated Foreign (S.L. 276.5)

S.L. 276.5 Art. 52Request for consent to other offence being dealt with.

PART II

In KraftAmtlicher Text

(1) This article applies if -

(a) a person is returned to a scheduled country in respect of an offence in accordance with this Order;

(b) a court receives a request for consent to the person being dealt with in the scheduled country for another offence;

(c) the request is certified under this article by the Attorney General.

(2) The Attorney General may certify a request for consent under this article if he believes that the authority making the request -

(a) is a judicial authority of the scheduled country, and

(b) has the function of making requests for the consent referred to in sub-article (1)(b) in that country.

(3) A certificate under sub-article (2) must certify that the authority making the request falls within paragraphs (a) and (b) of that sub-article.

(4) The court 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 twenty-one days starting with the day on which the request for consent is received by the Attorney General.

(6) The court may extend the required period for another period of thirty (30) days if it believes it to be in the interest of justice to do so.

(7) The power in sub-article (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 court does not exercise the power in sub-article (6) to extend the period, the court must refuse consent.

(9) The consent hearing is the hearing at which the court is to consider the request for consent.

Änderungsgeschichte
  • Amended by L.N. 199 of 2022