Page 1075 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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1063
Kanunları ve Tercümeleri
(8) Consent is not required to the person’s extradition to the other territory for the offence if
the person has been given an opportunity to leave the requesting territory and—
(a) he has not done so before the end of the permitted period, or
(b) if he did so before the end of the permitted period, he has returned there.
(9) The permitted period is 45 days starting with the day on which the person arrived in the
requesting territory following his extradition there in accordance with this Part.
(10) Subject to subsection (8), the judge must decide whether consent is required to the
person’s extradition to the other territory for the offence by reference to what appears to him to
be the arrangements made between the requesting territory and the United Kingdom.
58- Consent to further extradition to category 2 territory
(1) This section applies if—
(a) a person is extradited to a category 1 territory (the requesting territory) in accordan-
ce with this Part;
(b) the Secretary of State receives a request for consent to the person’s extradition to a
category 2 territory for an 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 requesting 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 Secretary of State 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 Secretary of State must decide whether the offence is an extradition offence within the
meaning given by section 137 in relation to the category 2 territory.
(6) If the Secretary of State decides the question in subsection (5) in the negative he must
refuse consent.