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Uluslararası Adli İşbirliği
(5) Consent under this section which is given in any other case must be given to the Secretary
of State.
(6) A person may not give his consent under this section before the appropriate judge un-
less—
(a) he is legally represented before the appropriate judge at the time he gives consent,
or
(b) he is a person to whom subsection (7) applies.
(7) This subsection 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(c) he was granted legal aid but the legal aid was withdrawn.
(8) In subsection (7) “legal aid”means—
(a) in England and Wales, a right to representation funded by the Legal Services Com-
mission as part of the Criminal Defence Service;
(b) in Scotland, such legal aid as is available by virtue of section 183(a) of this Act;
(c) in Northern Ireland, such free legal aid as is available by virtue of sections 184 and
185 of this Act.
(9) For the purposes of subsection (6) a person is to be treated as legally represented before
the appropriate judge if (and only if ) he has the assistance of counsel or a solicitor to represent
him in the proceedings before the appropriate judge.
128- Consent to extradition before case sent to Secretary of State
(1) This section applies if a person gives his consent under section 127 to the appropriate
judge.
(2) If the judge has not fixed a date under section 75 or 76 on which the extradition hearing is
to begin he is not required to do so.
(3) If the extradition hearing has begun the judge is no longer required to proceed or conti-
nue proceeding under sections 78 to 91.
(4) The judge must send the case to the Secretary of State for his decision whether the person
is to be extradited.
(5) The personmust be taken to have waived any right he would have (apart from the consent)
not to be dealt with in the category 2 territory for an offence committed before his extradition.