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Extradition Act 2003

Section 42: Withdrawal of warrant while appeal to High Court pending

124.This section applies if the High Court is informed that a Part 1 warrant is withdrawn before the end of the appeal hearing.

125.Where these circumstances occur and the appeal is brought by the person (under section 26), the court is required to order his discharge and quash the extradition order. If the appeal has been brought by the issuing authority (under section 28), the court must dismiss the appeal (subsection (3)). Subsection (4) requires the court to inform the person of his discharge as soon as practicable if he is not present when it is ordered.

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