Paragraph 10
United Kingdom
If the fugitive criminal who has been committed to prison is not surrendered and conveyed out of the United Kingdom within two months after such committal, or, if a writ of habeas corpus is issued, after the decision of the court upon the return to the writ, it shall be lawful for any judge of the High Court, upon application made to him by or on behalf of the criminal, and upon proof that reasonable notice of the intention to make such application has been given to the Secretary of State, to order the criminal to be discharged out of custody, unless sufficient cause is shown to the contrary.
Notes on the whole Act
Textual amendments
- F1
Act repealed (1.1.2004) by Extradition Act 2003 (c. 41), ss. 218(b), 220, 221, Sch. 4; S.I. 2003/3103, art. 2 (with savings in arts. 3-5 (as amended by S.I. 2003/3258 and S.I. 2003/3312)); Act amended (as so saved) by Courts Act 2003 (c. 39), Sch. 8 paras. 324-330; S.I. 2004/2066, art. 2(c)(xiv) (with art. 3); S.I. 2005/910, art. 3(y); Act further amended by Constitutional Reform Act 2005 (c. 4), Sch. 9 para. 52, Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)
Notes on Schedule 1
Modifications
- C1
Sch. 1 amended (1.9.2001) by 2001 c. 17, s. 71 (with ss. 56(2), 63(2), 78); S.I. 2001/2161, art. 2
- C2
Sch. 1 (paras. 1-20) applied by S.I. 1991/1699, art. 2.
Sch. 1 (paras. 1-20) applied by S.I. 1991/1701, art. 2.
Sch. 1 (paras. 1-20) applied by S.I. 1991/1702, arts. 2 and 3.
- C3
Sch. 1 (paras. 1-20) applied by S.I. 1991/1720, art. 2.
- C4
Sch. 1 applied (with modifications) (27.1.1993) by S.I. 1992/3200, arts. 2,3
Sch. 1 applied (1.9.1997) by S.I. 1997/1760, art. 2(1)(b)(2)(b)
Sch. 1 applied (1.9.1997) by S.I. 1997/1762, art. 2(2)
Sch. 1 applied (1.9.1997) by S.I. 1997/1763, art. 2(2)
Sch. 1 applied (1.9.1997) by S.I. 1997/1764, art. 2(2)
Sch. 1 applied (1.9.1997) by S.I. 1997/1765, art. 2(2)
Sch. 1 applied (1.9.1997) by S.I. 1997/1766, art. 2(1)(b)(2)(b)
Sch. 1 applied (1.9.1997) by S.I. 1997/1767, art. 2(2)
Sch. 1 applied (1.9.1997) by S.I. 1997/1768, art. 2(2)
Sch. 1 applied (1.9.1997) by S.I. 1997/1769, art. 2(2)
Sch. 1 applied (27.8.2002) by S.I. 2002/1831, art. 2, Sch. 2