Extradition Act 1999

53 Surrender by consent

• (1) A person may at any time notify the court that he or she consents to being surrendered to the extradition country for the extradition offence or extradition offences for which surrender is sought.

  (2) If the person notifies the court of his or her consent to surrender under subsection (1), then, despite section 45 but subject to subsections (3) and (4) of this section, the court must—

  • (a) make a surrender order in respect of the person; or

  • (b) if the court is required to refer the case to the Minister under section 48(1),—

    • (i) issue a warrant for the detention of the person in a prison or other place authorised in accordance with section 52 of this Act or section 184T(3) of the Summary Proceedings Act 1957 pending surrender; and

    • (ii) record in writing the offence or offences in respect of which the person has consented to surrender; and

    • (iii) send to the Minister a copy of the warrant of detention and the record made under subparagraph (ii), together with a copy of the warrant and all other documents before the court in the case, and such report on the case as the court thinks fit.

  (3) The court must not take the action in subsection (2) unless—

  • (a) the person was before the court when he or she consented to surrender for the offence or offences; and

  • (b) the person has been legally represented in the proceedings; and

  • (c) the court is satisfied that the person has freely consented to the surrender for the offence or offences in full knowledge of its consequences.

  (4) Nothing in subsections (1) to (3) prevents a person whose case is referred to the Minister under section 48(1) from giving notice to the Minister after the court orders the detention of the person under section 46 that the person consents to surrender.

  (5) If the court issues a warrant for the detention of a person under subsection (2)(b)(i), then subsections (2) and (3) of section 46 apply as if the person had been found eligible for surrender.

  Compare: Extradition Act 1988 s 33A (Aust)

  Section 53(2)(b)(i): amended, on 29 June 2009, by section 18 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

  Section 53(2)(b)(i): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).