OpenLegislation

Section 26 Appeal against extradition orderI1

United Kingdom

(1)

If the appropriate judge orders a person’s extradition under this Part, the person may appeal to the High Court against the order.

(2)

But subsection (1) does not apply if the order is made under section 46 or 48.

(3)

An appeal under this F1section—

(a)

may be brought on a question of law or factF2, but

(b)

lies only with the leave of the High Court.

(4)

F3Notice of application for leave to appeal under this section must be given in accordance with rules of court before the end of the permitted period, which is 7 days starting with the day on which the order is made.

F4(5)

But where a person gives notice of application for leave to appeal after the end of the permitted period, the High Court must not for that reason refuse to entertain the application if the person did everything reasonably possible to ensure that the notice was given as soon as it could be given.

Annotations

Textual amendments

F1

Words in s. 26(3) substituted (15.4.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 160(1)(a), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/987, art. 2(a) (with art. 4)

F2

S. 26(3)(b) and preceding word inserted (15.4.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 160(1)(b), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/987, art. 2(a) (with art. 4)

F3

Words in s. 26(4) substituted (15.4.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 106 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/987, art. 2(c)(i) (with art. 4)

F4

S. 26(5) inserted (15.4.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 160(1)(c), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/987, art. 2(a) (with art. 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 1

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 Appeals

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))