Thanks for your email. I think the difficulty here is as you mention β The consent given to the US authorities would not be binding on the RP in the UK or on the UK court. Consent to extradition must be given irrevocably in writing to the UK court under s72 (8) Extradition Act 2003. In other words what the RP is offering in the US is a promise to consent before the UK court, which is unenforceable. I hope that assists β I donβt have a case to hand. Anne-Marie returns tomorrow and may be able to add.
This document is an email chain from December 2020 discussing extradition law, specifically concerning the enforceability of a defendant's consent to extradition from the UK to the US. The emails involve individuals from the US Department of Justice and the Crown Prosecution Service, clarifying that consent given in the US would not be binding in the UK and that a UK judge must independently verify extradition compliance with UK law. The discussion centers on a UK citizen, detained in the US, attempting to use prophylactic consent to extradition as proof of not being a flight risk for bail purposes.
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