Section 49: Other warrant issued: extradition to category 1 territory
141.This section applies when a judge is informed that another Part 1 warrant has been issued and has ordered a person's extradition under section 48(3)(a), following that person's consent to extradition on the basis of the first warrant (subsection (1)). Extradition must, under subsection (2), take place within the required period. This is 10 days from the date the order is made or, if the judge and the category 1 territory agree a later date, 10 days from the agreed date (subsection (3)).
142.If the person has not been extradited within the relevant 10-day period, the judge must, on the person's application, order his discharge, unless reasonable cause is shown for the delay (subsection (4)).
143.Subsection (5)explains what is to happen when, after the judge has ordered a person's extradition following his consent, the first Part 1 warrant is withdrawn. Where the judge is informed of the withdrawal and the person has not yet been extradited, the requirement in subsection (2) for the person to be extradited within the required period no longer applies. Furthermore, the judge must order the person's discharge.
