Paragraph 5 Authority to proceed.
Subject to the provisions of this Act relating to provisional warrants, a person shall not be dealt with thereunder except in pursuance of an order of the Governor (in this Act referred to as an authority to proceed), issued in pursuance of a request made to the Governor by or on behalf of the Government, in the case of the United Kingdom, the Republic of Ireland or a designated Commonwealth country, or the Governor in the case of a United Kingdom dependency, of the country in which the person to be returned is accused or was convicted.
There shall be furnished with any request made for the purposes of this section on behalf of any country—
in the case of a person accused of an offence, a warrant for his arrest issued in that country;
in the case of a person unlawfully at large after conviction of an offence, a certificate of the conviction and sentence in that country, and a statement of the amount if any of that sentence which has been served,
together (in each case) with particulars of the person whose return is requested and of the facts upon which and the law under which he is accused or was convicted, and evidence sufficient to justify the issue of a warrant for his arrest under section 6 of this Act.
On receipt of such a request the Governor may issue an authority to proceed unless it appears to him that an order for the return of the person concerned could not lawfully be made, or would not in fact be made, in accordance with the provisions of this Act.