Remedy
Start free

Section 131: Consent to further extradition to category 1 territory

Extradition Act 2003 · 2003 c. 41View on legislation.gov.uk

Part 2: Extradition to category 2 territories

This section applies if—

a person is extradited to a category 2 territory (the requesting territory) in accordance with this Part;
the Secretary of State receives a valid request for his consent to the person's extradition to a category 1 territory for an offence other than the offence in respect of which he was extradited.

A request for consent is valid if it is made by an authority which is an authority of the requesting territory and which the Secretary of State believes has the function of making requests for the consent referred to in subsection (1)(b) in that territory.

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.

The Secretary of State must decide whether the offence is an extradition offence within the meaning given by section 64 in relation to the category 1 territory.

If the Secretary of State decides the question in subsection (4) in the negative he must refuse his consent.

If the Secretary of State decides that question in the affirmative he must decide whether the appropriate judge would order the person's extradition under sections 11 to 25 if—

the person were in the United Kingdom, and
the judge were required to proceed under section 11 in respect of the offence for which the Secretary of State's consent is requested.

If the Secretary of State decides the question in subsection (6) in the affirmative he must give his consent.

If the Secretary of State decides that question in the negative he must refuse his consent.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.