Extradition Act 1999

If you need more information about this Act, please contact the administering agency: Ministry of Justice

Surrender by consent

28 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 24 but subject to subsection (3), the court must—

(a)

issue a warrant for the detention of the person in a prison or other place authorised in accordance with section 27 of this Act or section 184T(3) of the Summary Proceedings Act 1957 pending surrender; and

(b)

record in writing the extradition offence or extradition offences in respect of which the person has consented to surrender; and

(c)

send to the Minister a copy of the warrant of detention and the record made under paragraph (b), together with a copy of the application and any other evidence taken before the court in the case and any other information before it that has not already been sent to the Minister, 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 in full knowledge of its consequences.

(4)

Nothing in subsections (1) to (3) prevents a person from giving notice to the Minister after the court orders the detention of the person under section 26 that the person consents to surrender.

(5)

If the court issues a warrant under subsection (2), the court may grant bail to the person.

(6)

If the court grants bail to the person, the court may impose any conditions of bail that the court thinks fit in addition to any conditions that the court may impose under subsections (1) to (3) of section 31 of the Bail Act 2000 (as applied by section 52 of that Act).

(7)

Enactments other than this Act and its provisions that are specified in subsection (2)(a) must be read as they read immediately before the commencement date as defined in section 394 of the Criminal Procedure Act 2011.

(8)

In subsection (6),—

(a)

section 31 of the Bail Act 2000 must be read as it read immediately before section 7 of the Bail Amendment Act 2011 came into force; and

(b)

section 52 of the Bail Act 2000 must be read as it read immediately before the commencement date as defined in section 394 of the Criminal Procedure Act 2011.

Compare: Extradition Act 1988 s 18 (Aust)

Section 28(2)(a): amended, on 29 June 2009, by section 18 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

Section 28(2)(a): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 28(6): substituted, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

Section 28(7): inserted, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 28(8): inserted, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).