Rule 50.24 Early termination of appeal: order by consent, etc.I1

England and Wales As made

(1)

This rule applies where—

(a)

an appellant has served an appeal notice under rule 50.19; and

(b)

the High Court—

(i)

has not determined the application for permission to appeal, or

(ii)

where the court has given permission to appeal, has not determined the appeal.

(2)

Where the warrant or extradition request with which the appeal is concerned is withdrawn—

(a)

the party or person so informing the court must serve on the High Court officer—

(i)

notice to that effect by the authority or territory requesting the defendant’s extradition,

(ii)

details of how much of the warrant or extradition request remains outstanding, if any, and of any other warrant or extradition request outstanding in respect of the defendant,

(iii)

details of any bail condition to which the defendant is subject, if the defendant is on bail, and

(iv)

details sufficient to locate the defendant, including details of the custodian and of the defendant’s date of birth and custody reference, if the defendant is in custody; and

(b)

paragraph (5) applies but only to the extent that the parties want the court to deal with an ancillary matter.

(3)

Where a defendant with whose discharge the appeal is concerned consents to extradition, paragraph (5) applies but only to the extent that the parties want the court to—

(a)

give directions for that consent to be given to the magistrates’ court or to the Secretary of State, as the case may be; or

(b)

deal with an ancillary matter.

(4)

Paragraph (5) applies where the parties want the court to make a decision on which they are agreed—

(a)

determining the application for permission to appeal or the appeal, as the case may be;

(b)

specifying the date on which that application or appeal is to be treated as discontinued; and

(c)

determining an ancillary matter, including costs, if applicable.

(5)

The parties must serve on the High Court officer, in one or more documents—

(a)

a draft order in the terms proposed;

(b)

evidence of each party’s agreement to those terms; and

(c)

concise reasons for the request that the court make the proposed order.

[Note. Under sections 42 and 124 of the Extradition Act 2003^f1, where an appeal is pending in the High Court and the court is informed that the relevant warrant or extradition request has been withdrawn the court must—

(a)

order the defendant’s discharge and quash the extradition order or decision, where the defendant has appealed against extradition;

(b)

dismiss the application for permission to appeal or the appeal, as the case may be, where the authority or territory requesting the defendant’s extradition has appealed against the defendant’s discharge.

Under sections 45 and 127 of the 2003 Act^f2, a defendant in respect of whom no extradition order or decision has been made may give consent to extradition in the magistrates’ court, or may give such consent to the Secretary of State if the case has been sent there.

Where the effect of the High Court’s decision is that the defendant is to be extradited, sections 36 and 118 of the Act^f3 set time limits for extradition after the end of the case.

Part 45 contains rules about costs.]

Annotations

Commencement

I1: Rule 50.24 in force at 6.10.2025, see Preamble

Footnotes

f1: 2003 c. 41; sections 42 and 124 were amended by article 3 of S.I. 2015/992.
f2: 2003 c. 41; section 45 was amended by section 39 of, and paragraphs 62 and 63 of Schedule 5 to, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) and section 163 of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12). Section 127 was amended by section 39 of, and paragraphs 62 and 64 of Schedule 5 to, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).
f3: 2003 c. 41; sections 36 and 118 were amended by section 40 of, and paragraph 81 of Schedule 9 to, the Constitutional Reform Act 2005 (c. 4).

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).