Search Legislation

Extradition Act 2003

Section 103: Appeal where case sent to Secretary of State

295.This section provides a right of appeal against the decision of the judge to send the case to the Secretary of State.

296.Subsections (1) and (3) allow a person to appeal to the High Court against the decision of the judge to send the case to the Secretary of State. This does not apply to a person who has consented to his extradition under section 127 (subsection (2)). The appeal can be on a question of law or fact (subsection (4)).

297.If an appeal is lodged it will be heard after the Secretary of State has made his decision (subsection (5)), unless the Secretary of State decides to order the person’s discharge, in which case the appeal will not be proceeded with (subsections (6) and (7)). However, where notice of an appeal is given under section 110 against the Secretary of State's order to discharge the person, subsections (6) and (7) do not apply and the person's appeal against the judge's decision will be proceeded with. However, no appeal may be brought by the person against the judge's decision if the High Court has already made its decision on the appeal against the Secretary of State's order (subsection (8)).

298.Any appeal under this section must be lodged within 14 days starting on the day the Secretary of State notifies the person of the order he has made (subsection (9)).

Back to top


Print Options


Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.


More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources