OpenLegislation

England and Wales

[Note. Under Part 1 of the Extradition Act 2003—

(a)

a defendant may appeal to the High Court against an order for extradition made by the magistrates’ court; and

(b)

the authority requesting the defendant’s extradition may appeal to the High Court against an order for the defendant’s discharge,

(see sections 26 and 28 of the Actf1).

Under Part 2 of the 2003 Act—

(a)

a defendant may appeal to the High Court against an order by the magistrates’ court sending a case to the Secretary of State for a decision whether to extradite the defendant;

(b)

a defendant may appeal to the High Court against an order for extradition made by the Secretary of State; and

(c)

the territory requesting the defendant’s extradition may appeal to the High Court against an order for the defendant’s discharge by the magistrates’ court or by the Secretary of State,

(see sections 103, 105, 108 and 110 of the Actf2).

In each case the appellant needs the High Court’s permission to appeal (in the 2003 Act, described as ‘leave to appeal’).]

  1. 50.17Exercise of the High Court’s powers
  2. 50.18Case management in the High Court
  3. 50.19Service of appeal notice
  4. 50.20Form of appeal notice
  5. 50.21Respondent’s notice
  6. 50.22Renewing an application for permission to appeal, restoring excluded grounds, etc.
  7. 50.23Appeal hearing
  8. 50.24Early termination of appeal: order by consent, etc.
  9. 50.25Application for permission to appeal to the Supreme Court
  10. 50.26Determination of detention pending appeal to the Supreme Court against discharge
  11. 50.27Reopening the determination of an appeal
  12. 50.28Declaration of incompatibility with a Convention right
  13. 50.29Duties of court officers
  14. 50.30Constitution of the High Court
  15. 50.31Payment of High Court fees

Annotations

Footnotes

f1

2003 c. 41; sections 26 and 28 were amended by section 160 of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12).

f2

2003 c. 41; section 108 was amended by paragraphs 10 and 12 of Schedule 20 to the Crime and Courts Act 2013 (c. 22). Section 108 was further amended, and sections 103, 105 and 110 were amended, by section 160 of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12).