Section 6 Discharge of persons not taken to Republic.

United Kingdom

(1)

If the person in respect of whom an order has been made by a magistrates’ court under section 2(1) of this Act is not delivered up under the order within one month after it was made, a Superior Court exercising jurisdiction in the part of the United Kingdom within which it was made, upon application by or on behalf of that person, may, unless reasonable cause is shown for the delay, order him to be discharged.

In this subsection “Superior Court” means the High Court, the High Court of Justiciary in Scotland or the High Court of Northern Ireland.

(2)

If, in the case of a person in respect of whom an order has been made under section 2(1) of this Act, it appears to a justice of the peace acting for the same area as that of the court by which the order was made, or in Scotland to the sheriff, that for any reason the police force of the Republic no longer require the delivery of that person into their custody he shall order him to be discharged.

Notes on the whole Act

Textual amendments

F1: Act repealed (1.1.2004) by Extradition Act 2003 (c. 41), ss. 218(a), 220, 221, Sch. 4; S.I. 2003/3103, art. 2 (subject to savings in arts. 3-5 for extraditions made on or before 31.12.2003) (as amended by S.I. 2003/3312, art. 2 and S.I. 2003/3258, art. 2); and which Act in so far as it is still in force is amended (1.9.2004 for specified purposes and 1.4.2005 otherwise) by Courts Act 2003 (c. 39), s. 109(1), Sch. 8 paras. 119-123; S.I. 2004/2066, art. 2 (subject to art. 3); S.I. 2005/910, art. 3; and further amended (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 40(4), Sch. 9 para. 14; S.I. 2009/1604, art. 2; and further amended (18.6.2012 for specified purposes, 5.11.2012 for specified purposes and 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), ss. 41, 336(3)(4), Sch. 3 para. 41, Sch. 37 Pt. 4; S.I. 2012/1320, art. 4 (with art. 5); S.I. 2012/2574, art. 2, Sch. (with arts. 3, 4) (as amended by S.I. 2012/2761, art. 2); S.I. 2013/1103, art. 2 (with arts. 3, 4)