Section 43 Withdrawal of warrant while appeal to Supreme Court pendingI1F2
United Kingdom
This section applies if at any time in the relevant period the F1Supreme Court is informed by the designated authority that a Part 1 warrant issued in respect of a person has been withdrawn.
The relevant period is the period—
starting when leave to appeal to the Supreme Court is granted to the person or the authority which issued the warrant;
ending when proceedings on the appeal are discontinued or the Supreme Court makes its decision on the appeal.
If the appeal is brought by the person in respect of whom the warrant was issued the Supreme Court must—
order the person’s discharge;
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 26.
If the appeal is brought by the authority which issued the warrant the Supreme Court must dismiss the appeal.
If the person 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. 43 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(4)(d); S.I. 2009/1604, art. 2(d)
- F2
Words in s. 43 sidenote substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(4)(d); 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 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 Withdrawal of Part 1 warrant
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))