I2Part 2Extradition to category 2 territories
Time for extradition
117I1Extradition where no appeal
F51
This section applies if the Secretary of State orders a person’s extradition to a category 2 territory under this Part and either—
a
no notice of application for leave to appeal under section 103 or 108 is given before the end of the permitted period, or
b
notice is given during that period but the High Court refuses leave to appeal to it.
2
The person must be extradited to the category 2 territory before the end of the required period, which is 28 days starting with —
F4a
the day on which the Secretary of State makes the extradition order (where subsection (1)(a) applies and no order is made under section 118A or 118B),
b
the day on which the decision of the High Court refusing leave to appeal to it becomes final (where subsection (1)(b) applies and no order is made under section 118A or 118B), or
c
the earliest day on which the extradition order may be carried out (where an order is made under section 118A or 118B).
F12A
The decision of the High Court refusing leave to appeal to it becomes final when, in accordance with rules of court, there is no further step that can be taken in relation to the application for leave to appeal.
3
If subsection (2) is not complied with and the person applies to the appropriate judge to be discharged the judge must order his discharge, unless reasonable cause is shown for the delay.
4
These must be ignored for the purposes of F6subsections (1) to (2A)—
a
any power of a court to extend the period permitted for giving F7notice of application for leave to appeal;
b
any power of a court to grant leave to take a step out of time.
F85
F3If leave to appeal to the High Court is granted on an application notice of which was given after the end of the permitted period, this section ceases to apply (but section 118 applies instead).
F26
In this section, “permitted period” means 14 days starting with the day on which the Secretary of State informs the person under section 100(1) that he has ordered his extradition.
Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))