Section 28 Appeal against discharge at extradition hearingI1
United Kingdom
If the judge orders a person’s discharge at the extradition hearing the authority which issued the Part 1 warrant may appeal to the High Court against the relevant decision.
But subsection (1) does not apply if the order for the person’s discharge was under section 41.
The relevant decision is the decision which resulted in the order for the person’s discharge.
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 for the person’s discharge is made.
Annotations
Textual amendments
- F1
Words in s. 28(4) substituted (15.4.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 160(2)(a), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/987, art. 2(a) (with art. 4)
- F2
S. 28(4)(b) and preceding word inserted (15.4.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 160(2)(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. 28(5) substituted (15.4.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 107 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/987, art. 2(c)(i) (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))