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31 Appeal to High Court: time limit for start of hearing | |
(1) Rules of court must prescribe the period within which the High Court must | |
begin to hear an appeal under section 26 or 28. | |
(2) Rules of court must provide for the period to start with the date on which the | |
person in respect of whom a Part 1 warrant is issued— | 5 |
(a) was arrested under section 5, if he was arrested under that section; | |
(b) was arrested under the Part 1 warrant, if he was not arrested under | |
section 5. | |
(3) The High Court must begin to hear the appeal before the end of the period. | |
(4) If subsection (3) is not complied with and the appeal is under section 26— | 10 |
(a) the appeal must be taken to have been allowed by a decision of the | |
High Court; | |
(b) the person whose extradition has been ordered must be taken to have | |
been discharged by the High Court; | |
(c) the order for the person’s extradition must be taken to have been | 15 |
quashed by the High Court. | |
(5) If subsection (3) is not complied with and the appeal is under section 28 the | |
appeal must be taken to have been dismissed by a decision of the High Court. | |
32 Appeal to House of Lords | |
(1) An appeal lies to the House of Lords from a decision of the High Court on an | 20 |
appeal under section 26 or 28. | |
(2) An appeal under this section lies at the instance of— | |
(a) the person in respect of whom the Part 1 warrant was issued; | |
(b) the authority which issued the Part 1 warrant. | |
(3) An appeal under this section lies only with the leave of the High Court or the | 25 |
House of Lords. | |
(4) Leave to appeal under this section must not be granted unless— | |
(a) the High Court has certified that there is a point of law of general public | |
importance involved in the decision, and | |
(b) it appears to the court granting leave that the point is one which ought | 30 |
to be considered by the House of Lords. | |
(5) An application to the High Court for leave to appeal under this section must be | |
made before the end of the permitted period, which is 14 days starting with the | |
day on which the court makes its decision on the appeal to it. | |
(6) An application to the House of Lords for leave to appeal under this section | 35 |
must be made before the end of the permitted period, which is 14 days starting | |
with the day on which the High Court refuses leave to appeal. | |
(7) If leave to appeal under this section is granted, the appeal must be brought | |
before the end of the permitted period, which is 28 days starting with the day | |
on which leave is granted. | 40 |
(8) If subsection (7) is not complied with— | |
(a) the appeal must be taken to have been brought; | |
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(b) the appeal must be taken to have been dismissed by the House of Lords | |
immediately after the end of the period permitted under that | |
subsection. | |
(9) These must be ignored for the purposes of subsection (8)(b)— | |
(a) any power of a court to extend the period permitted for bringing the | 5 |
appeal; | |
(b) any power of a court to grant leave to take a step out of time. | |
(10) The High Court may grant bail to a person appealing under this section or | |
applying for leave to appeal under this section. | |
(11) Section 5 of the Appellate Jurisdiction Act 1876 (c. 59) (composition of House | 10 |
of Lords for hearing and determination of appeals) applies in relation to an | |
appeal under this section or an application for leave to appeal under this | |
section as it applies in relation to an appeal under that Act. | |
(12) An order of the House of Lords which provides for an application for leave to | |
appeal under this section to be determined by a committee constituted in | 15 |
accordance with section 5 of the Appellate Jurisdiction Act 1876 may direct that | |
the decision of the committee is taken on behalf of the House. | |
(13) The preceding provisions of this section do not apply to Scotland. | |
33 Powers of House of Lords on appeal under section 32 | |
(1) On an appeal under section 32 the House of Lords may— | 20 |
(a) allow the appeal; | |
(b) dismiss the appeal. | |
(2) Subsection (3) applies if— | |
(a) the person in respect of whom the Part 1 warrant was issued brings an | |
appeal under section 32, and | 25 |
(b) the House of Lords allows the appeal. | |
(3) The House of Lords must— | |
(a) order the person’s discharge; | |
(b) quash the order for his extradition, if the appeal was against a decision | |
of the High Court to dismiss an appeal under section 26. | 30 |
(4) Subsection (5) applies if— | |
(a) the High Court allows an appeal under section 26 by the person in | |
respect of whom the Part 1 warrant was issued, | |
(b) the authority which issued the warrant brings an appeal under section | |
32 against the decision of the High Court, and | 35 |
(c) the House of Lords allows the appeal. | |
(5) The House of Lords must— | |
(a) quash the order of the High Court under section 27(5) discharging the | |
person; | |
(b) order the person to be extradited to the category 1 territory in which the | 40 |
warrant was issued. | |
(6) Subsections (7) and (8) apply if— | |
(a) the High Court dismisses an appeal under section 28 against a decision | |
made by the judge at the extradition hearing, | |
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(b) the authority which issued the Part 1 warrant brings an appeal under | |
section 32 against the decision of the High Court, and | |
(c) the House of Lords allows the appeal. | |
(7) If the judge would have been required to order the person in respect of whom | |
the warrant was issued to be extradited had he decided the relevant question | 5 |
differently, the House of Lords must— | |
(a) quash the order of the judge discharging the person; | |
(b) order the person to be extradited to the category 1 territory in which the | |
warrant was issued. | |
(8) In any other case, the House of Lords must— | 10 |
(a) quash the order of the judge discharging the person in respect of whom | |
the warrant was issued; | |
(b) remit the case to the judge; | |
(c) direct him to proceed as he would have been required to do if he had | |
decided the relevant question differently at the extradition hearing. | 15 |
(9) A question is the relevant question if the judge’s decision on it resulted in the | |
order for the person’s discharge. | |
34 Appeals: general | |
A decision of the judge under this Part may be questioned in legal proceedings | |
only by means of an appeal under this Part. | 20 |
Time for extradition | |
35 Extradition where no appeal | |
(1) This section applies if— | |
(a) the appropriate judge orders a person’s extradition to a category 1 | |
territory under this Part, and | 25 |
(b) no notice of an appeal under section 26 is given before the end of the | |
period permitted under that section. | |
(2) But this section does not apply if the order is made under section 45 or 47. | |
(3) The person must be extradited to the category 1 territory before the end of the | |
required period. | 30 |
(4) The required period is— | |
(a) 10 days starting with the day on which the judge makes the order, or | |
(b) if the judge and the authority which issued the Part 1 warrant agree a | |
later date, 10 days starting with the later date. | |
(5) If subsection (3) is not complied with and the person applies to the appropriate | 35 |
judge to be discharged the judge must order his discharge, unless reasonable | |
cause is shown for the delay. | |
(6) These must be ignored for the purposes of subsection (1)(b)— | |
(a) any power of a court to extend the period permitted for giving notice of | |
appeal; | 40 |
(b) any power of a court to grant leave to take a step out of time. | |
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36 Extradition following appeal | |
(1) This section applies if— | |
(a) there is an appeal to the High Court under section 26 against an order | |
for a person’s extradition to a category 1 territory, and | |
(b) the effect of the decision of the relevant court on the appeal is that the | 5 |
person is to be extradited there. | |
(2) The person must be extradited to the category 1 territory before the end of the | |
required period. | |
(3) The required period is— | |
(a) 10 days starting with the day on which the decision of the relevant court | 10 |
on the appeal becomes final or proceedings on the appeal are | |
discontinued, or | |
(b) if the relevant court and the authority which issued the Part 1 warrant | |
agree a later date, 10 days starting with the later date. | |
(4) The relevant court is— | 15 |
(a) the High Court, if there is no appeal to the House of Lords against the | |
decision of the High Court on the appeal; | |
(b) the House of Lords, if there is such an appeal. | |
(5) The decision of the High Court on the appeal becomes final— | |
(a) when the period permitted for applying to the High Court for leave to | 20 |
appeal to the House of Lords ends, if there is no such application; | |
(b) when the period permitted for applying to the House of Lords for leave | |
to appeal to it ends, if the High Court refuses leave to appeal and there | |
is no application to the House of Lords for leave to appeal; | |
(c) when the House of Lords refuses leave to appeal to it; | 25 |
(d) at the end of the permitted period, which is 28 days starting with the | |
day on which leave to appeal to the House of Lords is granted, if no | |
such appeal is brought before the end of that period. | |
(6) These must be ignored for the purposes of subsection (5)— | |
(a) any power of a court to extend the period permitted for applying for | 30 |
leave to appeal; | |
(b) any power of a court to grant leave to take a step out of time. | |
(7) The decision of the House of Lords on the appeal becomes final when it is | |
made. | |
(8) If subsection (2) is not complied with and the person applies to the appropriate | 35 |
judge to be discharged the judge must order his discharge, unless reasonable | |
cause is shown for the delay. | |
(9) The preceding provisions of this section apply to Scotland with these | |
modifications— | |
(a) in subsections (1) and (3) for “relevant court” substitute “High Court”; | 40 |
(b) omit subsections (4) to (7). | |
37 Undertaking in relation to person serving sentence in United Kingdom | |
(1) This section applies if— | |
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(a) the appropriate judge orders a person’s extradition to a category 1 | |
territory under this Part; | |
(b) the person is serving a sentence of imprisonment or another form of | |
detention in the United Kingdom. | |
(2) But this section does not apply if the order is made under section 45 or 47. | 5 |
(3) The judge may make the order for extradition subject to the condition that | |
extradition is not to take place before he receives an undertaking given on | |
behalf of the category 1 territory in terms specified by him. | |
(4) The terms which may be specified by the judge in relation to a person accused | |
in a category 1 territory of the commission of an offence include terms— | 10 |
(a) that the person be kept in custody until the conclusion of the | |
proceedings against him for the offence and any other offence in | |
respect of which he is permitted to be dealt with in the category 1 | |
territory; | |
(b) that the person be returned to the United Kingdom to serve the | 15 |
remainder of his sentence on the conclusion of those proceedings. | |
(5) The terms which may be specified by the judge in relation to a person alleged | |
to be unlawfully at large after conviction of an offence by a court in a category | |
1 territory include terms that the person be returned to the United Kingdom to | |
serve the remainder of his sentence after serving any sentence imposed on him | 20 |
in the category 1 territory for— | |
(a) the offence, and | |
(b) any other offence in respect of which he is permitted to be dealt with in | |
the category 1 territory. | |
(6) If the judge makes an order for extradition subject to a condition under | 25 |
subsection (3)— | |
(a) in a case where section 35 applies, the required period for the purposes | |
of section 35(3) is 10 days starting with the day on which the judge | |
receives the undertaking; | |
(b) in a case where section 36 applies, the required period for the purposes | 30 |
of section 36(2) is 10 days starting with the day on which the decision | |
of the relevant court on the appeal becomes final (within the meaning | |
of that section) or (if later) the day on which the judge receives the | |
undertaking. | |
38 Extradition following deferral for competing claim | 35 |
(1) This section applies if— | |
(a) an order is made under this Part for a person to be extradited to a | |
category 1 territory in pursuance of a Part 1 warrant; | |
(b) before the person is extradited to the territory an order is made under | |
section 43(4)(b) or 179(2)(b) for the person’s extradition in pursuance of | 40 |
the warrant to be deferred; | |
(c) the appropriate judge makes an order under section 181(3)(a) for the | |
person’s extradition in pursuance of the warrant to cease to be | |
deferred. | |
(2) But this section does not apply if the order for the person’s extradition is made | 45 |
under section 45 or 47. | |
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(3) In a case where section 35 applies, the required period for the purposes of | |
section 35(3) is 10 days starting with the day on which the order under section | |
181(3)(a) is made. | |
(4) In a case where section 36 applies, the required period for the purposes of | |
section 36(2) is 10 days starting with the day on which the decision of the | 5 |
relevant court on the appeal becomes final (within the meaning of that section) | |
or (if later) the day on which the order under section 181(3)(a) is made. | |
39 Position where asylum claimed | |
(1) This section applies if— | |
(a) a person in respect of whom a Part 1 warrant is issued makes an asylum | 10 |
claim at any time in the relevant period; | |
(b) an order is made under this Part for the person to be extradited in | |
pursuance of the warrant. | |
(2) The relevant period is the period— | |
(a) starting when a certificate is issued under section 2 in respect of the | 15 |
warrant; | |
(b) ending when the person is extradited in pursuance of the warrant. | |
(3) The person must not be extradited in pursuance of the warrant before the | |
asylum claim is finally determined; and sections 35, 36, 46 and 48 have effect | |
subject to this. | 20 |
(4) If the Secretary of State allows the asylum claim, the claim is finally determined | |
when he makes his decision on the claim. | |
(5) If the Secretary of State rejects the asylum claim, the claim is finally | |
determined— | |
(a) when the period permitted for appealing against the Secretary of | 25 |
State’s decision on the claim ends, if there is no such appeal; | |
(b) when the appeal against that decision is finally determined or is | |
withdrawn or abandoned, if there is such an appeal. | |
(6) An appeal against the Secretary of State’s decision on an asylum claim is not | |
finally determined for the purposes of subsection (5) at any time when a further | 30 |
appeal or an application for leave to bring a further appeal— | |
(a) has been instituted and has not been finally determined or withdrawn | |
or abandoned, or | |
(b) may be brought. | |
(7) The remittal of an appeal is not a final determination for the purposes of | 35 |
subsection (6). | |
(8) The possibility of an appeal out of time with leave must be ignored for the | |
purposes of subsections (5) and (6). | |
(9) If the Secretary of State rejects the asylum claim and certifies that the asylum | |
claim is clearly unfounded, subsection (5) does not apply and the asylum claim | 40 |
is finally determined when it is rejected by the Secretary of State. | |
(10) If a certificate is issued under subsection (9) with respect to an asylum claim | |
and the person who made the claim brings an appeal against the Secretary of | |
State’s decision on the claim after he has been extradited, the appeal must be | |
considered as if he had not been removed from the United Kingdom. | 45 |
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(11) “Asylum claim” has the meaning given by section 113 of the Nationality, | |
Immigration and Asylum Act 2002 (c. 41). | |
Withdrawal of Part 1 warrant | |
40 Withdrawal of warrant before extradition | |
(1) This section applies if at any time in the relevant period the appropriate judge | 5 |
is informed by the designated authority that a Part 1 warrant issued in respect | |
of a person has been withdrawn. | |
(2) The relevant period is the period— | |
(a) starting when the person is first brought before the appropriate judge | |
following his arrest under this Part; | 10 |
(b) ending when the person is extradited in pursuance of the warrant or | |
discharged. | |
(3) The judge must order the person’s discharge. | |
(4) If the person is not before the judge at the time the judge orders his discharge, | |
the judge must inform him of the order. | 15 |
41 Withdrawal of warrant while appeal to High Court pending | |
(1) This section applies if at any time in the relevant period the High Court is | |
informed by the designated authority that a Part 1 warrant issued in respect of | |
a person has been withdrawn. | |
(2) The relevant period is the period— | 20 |
(a) starting when notice of an appeal to the court is given by the person or | |
the authority which issued the warrant; | |
(b) ending when proceedings on the appeal are discontinued or the court | |
makes its decision on the appeal. | |
(3) The court must— | 25 |
(a) if the appeal is under section 26, order the person’s discharge and | |
quash the order for his extradition; | |
(b) if the appeal is under section 28, dismiss the appeal. | |
(4) If the person is not before the court at the time the court orders his discharge, | |
the court must inform him of the order. | 30 |
42 Withdrawal of warrant while appeal to House of Lords pending | |
(1) This section applies if at any time in the relevant period the House of Lords is | |
informed by the designated authority that a Part 1 warrant issued in respect of | |
a person has been withdrawn. | |
(2) The relevant period is the period— | 35 |
(a) starting when leave to appeal to the House of Lords is granted to the | |
person or the authority which issued the warrant; | |
(b) ending when proceedings on the appeal are discontinued or the House | |
of Lords makes its decision on the appeal. | |
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