Extradition Act 1999

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

Consent to surrender for offences that are not extradition offences

29 Consent to surrender for offences that are not extradition offences

(1)

If—

(a)

either—

(i)

the court determines under section 24 that a person is eligible for surrender to an extradition country in relation to an extradition offence or extradition offences; or

(ii)

a person consents under section 28 to being surrendered to an extradition country in relation to an extradition offence or extradition offences; and

(b)

the extradition country has requested that the person also be surrendered for an offence that is not an extradition offence or offences that are not extradition offences,—

the court must ask the person whether he or she consents to being surrendered to the country in respect of the offence or any of the offences that are not extradition offences.

(2)

If the person gives his or her consent under this section to being surrendered for an offence or offences referred to in subsection (1)(b), the court must notify the Minister in writing of the offence or offences in respect of which the person has consented.

(3)

The court must not notify the Minister under 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.

Compare: Extradition Act 1988 s 20 (Aust)