📧 Communication

The standard principle is that extradition should be sought only where it is necessary and proportionate to do so. If a RP indicated a willingness to fully abide by conditions of bail etc then it would be a matter for the US authorities as to whether to accept those terms. If the RP returned to the UK but then reneged on the deal, then the failure to comply with such undertakings would inevitably lead to a Request for extradition and would be a factor on whether the person is detained on bail or in custody. If the RP was to offer a consent, the judge in court would need to satisfy himself that the RP had received appropriate legal advice, because it is irrevocable and there is no ground to appeal. The SSHD would then have a month to arrange the surrender. The only consent that matters is the one before the extradition judge in the UK and it will usually be determined at the initial hearing but can be offered at any time before the extradition hearing has concluded. There is no caselaw on this to my mind but the relevant statutory provisions are s 72 (7)(b) and 72(8) for full order, s74 (7)(b) and s74 (8) for provisional arrest and s127 and s128 on consent: irrevocable point/legal advice and sending of case to SSHD.