OpenLegislation

Section 125 Withdrawal of request while appeal to Supreme Court pendingI1F2

United Kingdom

(1)

This section applies if at any time in the relevant period the F1Supreme Court is informed by the Secretary of State that a request for a person’s extradition has been withdrawn.

(2)

The relevant period is the period—

(a)

starting when leave to appeal to the Supreme Court is granted to the person whose extradition is requested or a person acting on behalf of the category 2 territory to which his extradition is requested;

(b)

ending when proceedings on the appeal are discontinued or the Supreme Court makes its decision on the appeal.

(3)

If the appeal is brought by the person whose extradition is requested the Supreme Court must—

(a)

order the person’s discharge;

(b)

quash the order for his extradition, in a case where the appeal was against a decision of the High Court to dismiss an appeal under section 103 or 108.

(4)

If the appeal is brought by a person acting on behalf of the category 2 territory the Supreme Court must dismiss the appeal.

(5)

If the person whose extradition is requested is not before the Supreme Court at the time it orders his discharge, the Supreme Court must inform him of the order as soon as practicable.

Annotations

Textual amendments

F1

Words in s. 125 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(4)(k); S.I. 2009/1604, art. 2(d)

F2

Words in s. 125 sidenote substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(4)(k); S.I. 2009/1604, art. 2(d)

Commencement

I1

Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Notes on Part 2

Commencement

I1

Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Notes on Withdrawal of extradition request

Commencement

I1

Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))