Section 133 Costs where extradition orderedI1

United Kingdom

(1)

This section applies if any of the following occurs in relation to a person whose extradition is requested under this Part—

(a)

an order for the person’s extradition is made under this Part;

F1(aa)

the High Court dismisses an application for leave to appeal to it under section 103 or 108;

(b)

the High Court dismisses an appeal under section 103 or 108;

(c)

the High Court or the F2Supreme Court dismisses an application for leave to appeal to the Supreme Court under section 114, if the application is made by the person;

(d)

the Supreme Court dismisses an appeal under section 114, if the appeal is brought by the person.

(2)

In a case falling within subsection (1)(a), the appropriate judge may make such order as he considers just and reasonable with regard to the costs to be paid by the person.

F3(2A)

In a case falling within subsection (1)(aa), the High Court may make such order as it considers just and reasonable with regard to the costs to be paid by the person.

(3)

In a case falling within subsection (1)(b) by virtue of section 104(7), the judge who decides the question that is (or all the questions that are) the subject of a direction under section 104(1)(b) may make such order as he considers just and reasonable with regard to the costs to be paid by the person.

(4)

In any other case falling within subsection (1)(b), the High Court may make such order as it considers just and reasonable with regard to the costs to be paid by the person.

(5)

In a case falling within subsection (1)(c) or (d), the court by which the application or appeal is dismissed may make such order as it considers just and reasonable with regard to the costs to be paid by the person.

(6)

An order for costs under this section—

(a)

must specify their amount;

(b)

may name the person to whom they are to be paid.

Annotations

Textual amendments

F1: S. 133(1)(aa) inserted (15.4.2015) by The Extradition Act 2003 (Amendment to Designations and Appeals) Order 2015 (S.I. 2015/992), arts. 1(1), 3(12)(a) (with art. 1(4))
F2: Words in s. 133 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(4)(l); S.I. 2009/1604, art. 2(d)
F3: S. 133(2A) inserted (15.4.2015) by The Extradition Act 2003 (Amendment to Designations and Appeals) Order 2015 (S.I. 2015/992), arts. 1(1), 3(12)(b) (with art. 1(4))

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 Costs

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))