Paragraph 9
United Kingdom
A person may give notice that he waives the rights conferred on him by paragraph 8 above.
A notice under this paragraph shall be given in England and Wales in the manner prescribed by rules under section 144 of the M1Magistrates’ Courts Act 1980 and, without prejudice to the generality of subsection (1) of that section, the power to make such rules shall include power to make provision for a magistrate to order the committal for return of a person with his consent at any time after his arrest.
A notice under this paragraph shall be given in Scotland in the manner prescribed by the High Court of Justiciary by Act of Adjournal and the sheriff may order the committal for return of a person with his consent at any time after his arrest.
Where an order is made under this paragraph, this Schedule shall cease to apply to the person in respect of whom it is made, except that if, within one month after the order is made, he is not surrendered to the foreign state to which he is to be returned, the High Court, upon application by or on behalf of that person, may, unless reasonable cause is shown for the delay, order him to be discharged.
Annotations
Marginal citations
- M1
Notes on the whole Act
Textual amendments
- F1
Act repealed (1.1.2004) by Extradition Act 2003 (c. 41), ss. 218(b), 220, 221, Sch. 4; S.I. 2003/3103, art. 2 (with savings in arts. 3-5 (as amended by S.I. 2003/3258 and S.I. 2003/3312)); Act amended (as so saved) by Courts Act 2003 (c. 39), Sch. 8 paras. 324-330; S.I. 2004/2066, art. 2(c)(xiv) (with art. 3); S.I. 2005/910, art. 3(y); Act further amended by Constitutional Reform Act 2005 (c. 4), Sch. 9 para. 52, Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)
Notes on Schedule 1
Modifications
- C1
Sch. 1 amended (1.9.2001) by 2001 c. 17, s. 71 (with ss. 56(2), 63(2), 78); S.I. 2001/2161, art. 2
- C2
Sch. 1 (paras. 1-20) applied by S.I. 1991/1699, art. 2.
Sch. 1 (paras. 1-20) applied by S.I. 1991/1701, art. 2.
Sch. 1 (paras. 1-20) applied by S.I. 1991/1702, arts. 2 and 3.
- C3
Sch. 1 (paras. 1-20) applied by S.I. 1991/1720, art. 2.
- C4
Sch. 1 applied (with modifications) (27.1.1993) by S.I. 1992/3200, arts. 2,3
Sch. 1 applied (1.9.1997) by S.I. 1997/1760, art. 2(1)(b)(2)(b)
Sch. 1 applied (1.9.1997) by S.I. 1997/1762, art. 2(2)
Sch. 1 applied (1.9.1997) by S.I. 1997/1763, art. 2(2)
Sch. 1 applied (1.9.1997) by S.I. 1997/1764, art. 2(2)
Sch. 1 applied (1.9.1997) by S.I. 1997/1765, art. 2(2)
Sch. 1 applied (1.9.1997) by S.I. 1997/1766, art. 2(1)(b)(2)(b)
Sch. 1 applied (1.9.1997) by S.I. 1997/1767, art. 2(2)
Sch. 1 applied (1.9.1997) by S.I. 1997/1768, art. 2(2)
Sch. 1 applied (1.9.1997) by S.I. 1997/1769, art. 2(2)
Sch. 1 applied (27.8.2002) by S.I. 2002/1831, art. 2, Sch. 2