§ Mrs. Curtis-ThomasTo ask the Parliamentary Secretary, Department for Constitutional Affairs what steps are taken to satisfy district judges that each person consenting to extradition has had access to legal advice. [150341]
§ Mr. LeslieSections 45 and 127 of the Extradition Act 2003 state that a person may not give his consent to extradition unless he is legally represented. However, a sane person cannot be compelled to take legal advice if they do not wish it.
All defendants who waive legal advice either have the means, or have been offered legal aid, to obtain it, but have taken a decision not to do so. The Senior District Judge at Bow Street Magistrates Court has confirmed that no District Judge would permit a defendant to waive legal advice without satisfying him or herself that this requirement is met, and that the defendant has full understanding of the consequences of his decision.
In practice, all defendants in extradition proceedings are represented, either by their own solicitor, or by the court's duty solicitor, to whom they will have access.