Rule 50.20 Form of appeal noticeI1

England and Wales

(1)

An appeal notice constitutes—

(a)

an application to the High Court for permission to appeal to that court; and

(b)

an appeal to that court, if the court gives permission.

(2)

In every case, the appeal notice must—

(a)

specify—

(i)

the date of the defendant’s arrest under Part 1 or Part 2 of the Extradition Act 2003, and

(ii)

the decision about which the appellant wants to appeal, including the date of that decision;

(b)

identify each ground of appeal on which the appellant relies;

(c)

summarise the relevant facts;

(d)

include or attach a copy of—

(i)

the warrant or the request for the defendant’s extradition,

(ii)

any material served by the authority or territory requesting the defendant’s extradition in support of the warrant or the request,

(iii)

the reasons for the decision about which the appellant wants to appeal, or a note of those reasons agreed between the parties and approved by the magistrates’ court, and

(iv)

any other document or material on which the appellant relies; and

(e)

include or attach a list of those on whom the appellant has served the appeal notice.

(3)

If an appeal notice omits information, a document or material required by paragraph (2), then unless the High Court otherwise directs—

(a)

the High Court officer must serve on the appellant a notice—

(i)

identifying the omission or omissions, and

(ii)

requiring the supply of the missing information, document or material within a period specified in the notice;

(b)

the appellant must comply with that requirement; and

(c)

if within the period specified in the notice the missing information, document or material has not been supplied, the High Court may exercise its power—

(i)

to reject the appeal notice, and

(ii)

to dismiss the application for permission to appeal in consequence of that rejection.

(4)

If a defendant serves an appeal notice after the expiry of the time limit specified in rule 50.19 (Service of appeal notice)—

(a)

the notice must—

(i)

explain what the defendant did to ensure that it was served as soon as it could be, and

(ii)

include or attach such evidence as the defendant relies upon to support that explanation; and

(b)

where the appeal is on human rights grounds against an order for extradition made by the Secretary of State, the notice must explain why—

(i)

the appeal is necessary to avoid real injustice, and

(ii)

the circumstances are exceptional and make it appropriate to consider the appeal.

(5)

Unless the High Court otherwise directs, the appellant may amend the appeal notice—

(a)

by serving on those listed in rule 50.19(1) the appeal notice as so amended; and

(b)

not more than 10 business days after service of the appeal notice.

(6)

Where the appeal is against an order by the magistrates’ court—

(a)

if the grounds of appeal are that the magistrates’ court ought to have decided differently a question of fact or law at the extradition hearing, the appeal notice must—

(i)

identify that question,

(ii)

explain what decision the magistrates’ court should have made, and why, and

(iii)

explain why the magistrates’ court would have been required not to make the order under appeal, if that question had been decided differently; and

(b)

if the grounds of appeal are that there is an issue which was not raised at the extradition hearing, or that evidence is available which was not available at the extradition hearing, the appeal notice must—

(i)

identify that issue or evidence,

(ii)

explain why it was not then raised or available,

(iii)

explain why that issue or evidence would have resulted in the magistrates’ court deciding a question differently at the extradition hearing, and

(iv)

explain why, if the court had decided that question differently, the court would have been required not to make the order it made.

(7)

Where the appeal is against an order by the Secretary of State—

(a)

if the grounds of appeal are that the Secretary of State ought to have decided differently a question of fact or law, the appeal notice must—

(i)

identify that question,

(ii)

explain what decision the Secretary of State should have made, and why, and

(iii)

explain why the Secretary of State would have been required not to make the order under appeal, if that question had been decided differently; and

(b)

if the grounds of appeal are that there is an issue which was not raised when the case was being considered by the Secretary of State, or that information is available which was not then available, the appeal notice must—

(i)

identify that issue or information,

(ii)

explain why it was not then raised or available,

(iii)

explain why that issue or information would have resulted in the Secretary of State deciding a question differently, and

(iv)

explain why, if the Secretary of State had decided that question differently, the order under appeal would not have been made.

Annotations

Commencement

I1: Rule 50.20 in force at 6.10.2025, see Preamble

Notes on

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).