Section 9 Appeal against refusal of delivery order: England and Wales

United Kingdom

(1)

If a competent court in England and Wales refuses to make a delivery order, the Secretary of State may appeal against the decision to the High Court.

No permission is required for such an appeal, which shall be by way of re-hearing.

(2)

If the High Court allows the appeal it may—

(a)

make a delivery order, or

(b)

remit the case to the competent court to make a delivery order in accordance with the decision of the High Court.

(3)

If the High Court dismisses the appeal, the Secretary of State may, with the permission of the High Court or theF1Supreme Court, appeal to the Supreme Court.

In relation to a decision of the High Court on an appeal under this section, section 1 of the Administration of Justice Act 1960 (c. 65) (appeals to the Supreme Court) applies with the omission of so much of subsection (2) of that section as restricts the grant of leave to appeal.

(4)

The Supreme Court may exercise any of the powers conferred on the High Court by subsection (2) above.

(5)

Where a delivery order is made by the High Court or the Supreme Court, the provisions of section 11(1)(a) and (c), (2) and (3) (procedure where court makes delivery order) apply in relation to that court as they apply to a competent court in England and Wales which makes a delivery order.

(6)

An order for the remand of the arrested person which continues in force under section 8(2) shall cease to have effect if the High Court dismisses the appeal and the Secretary of State does not without delay—

(a)

apply for permission to appeal to the Supreme Court, or

(b)

inform the High Court that he intends to apply for such permission.

Subject to that, any such order shall have effect so long as the case is pending.

For this purpose a case is pending (unless proceedings are discontinued) until (disregarding any power of a court to allow a step to be taken out of time) there is no step that the Secretary of State can take.

Annotations

Textual amendments

F1: Words in s. 9 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 75; S.I. 2009/1604, art. 2(d)