Page 1198 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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Uluslararası Adli İşbirliği
re the appropriate judge under section 187(1) may consent to his extradition to the territory in
which the overseas sentence was imposed”.
31- In section 127(3), before paragraph (a) insert—
“(aa) must be given before the appropriate judge;”.
32- In section 127, omit subsections (4) and (5).
33- In section 128, after subsection (1) insert—
“(1A) The judge must remand the person in custody or on bail.
(1B) If the judge remands the person in custody he may later grant bail.”
34- In section 128(4), for the words from“send the case” to “extradited” substitute “within the
period of 10 days starting with the day on which consent is given order the person’s extradition
to the category 2 territory”.
35- In section 128, after subsection (5) insert—
“(6) Subsection (4) has effect subject to section 128B.
(7) If subsection (4) is not complied with and the person applies to the judge to be discharged
the judge must order his discharge.”
36 After section 128 insert—
“128A Extradition to category 2 territory following consent
(1) This section applies if the appropriate judge makes an order under section 128(4) for a
person’s extradition to a category 2 territory.
(2) The person must be extradited to the category 2 territory before the end of the required
period, which is 28 days starting with the day on which the order is made.
(3) If subsection (2) is not complied with and the person applies to the judge to be discharged
the judge must order his discharge, unless reasonable cause is shown for the delay.
128B Extradition claim following consent
(1) This section applies if—
(a) a person consents under section 127 to his extradition to a category 2 territory, and
(b) before the judge orders his extradition under section 128(4), the judge is informed
that the conditions in subsection (2) or
(3) are met.
(2) The conditions are that—