Article 2 Interpretation

In this Order, “section 108 human rights appeal” means—

(a)

an appeal brought—

(i)

in accordance with section 108(4) of the Extradition Act 2003^f1 if, or to the extent that, it is an appeal against an order by the Secretary of State for a person’s extradition on the grounds that the extradition would not be compatible with the Convention Rights within the meaning of the Human Rights Act 1998^f2; and

(ii)

in circumstances where the Secretary of State was precluded from considering that question by section 70(11) of the Extradition Act 2003^f3; or

(b)

an appeal brought in accordance with section 108(5) and (6) of the Extradition Act 2003^f4.

Annotations

Footnotes

f1: 2003 c. 41.
f2: 1998 c. 42.
f3: Subsection (11) of section 70 of the Extradition Act 2003 (c. 41) was inserted by paragraph 11 of Schedule 20 to the Crime and Courts Act 2013 (c. 22) with effect from 29th July 2013 for England and Wales and 14th October 2013 for Northern Ireland.
f4: Subsection (5) and (6) of section 108 of the Extradition Act 2003 were inserted by paragraph 12 of Schedule 20 to the Crime and Courts Act 2013 with effect from 29th July 2013 for England and Wales and 14th October 2013 for Northern Ireland.