Extradition Act 2003

30 Detention pending conclusion of appeal under section 28 E+W+S+N.I.

(1) This section applies if immediately after the judge orders the person’s discharge the judge is informed by the authority which issued the Part 1 warrant that it intends to appeal under section 28.

(2) The judge must remand the person in custody or on bail while the appeal is pending.

(3) [F1 If the person is remanded in custody, the appropriate judge may]F1 later grant bail.

(4) An appeal under section 28 ceases to be pending at the earliest of these times—

(a) when the proceedings on the appeal are discontinued;

[F2 (b) when the High Court—

(i) allows the appeal, or

(ii) dismisses the appeal,

unless, where the appeal is dismissed, the authority immediately informs the court that it intends to apply for leave to appeal to the [F3 Supreme Court];]

F2 (c) at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the [F3 Supreme Court]F3 against the decision of the High Court on the appeal is granted [F4 , if no appeal to the [F3 Supreme Court] is brought before the end of that period]F4 ;

(d) when there is no further step that can be taken by the authority which issued the Part 1 warrant in relation to the appeal (ignoring any power of a court to grant leave to take a step out of time).

(5) The preceding provisions of this section apply to Scotland with these modifications—

(a) in subsection (4)(b) omit the words from [F5 unless]F5 to the end;

(b) omit subsection (4)(c).

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Words in s. 30(3) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 16; S.I. 2006/3364, art. 2(d)(e)

F2 S. 30(4)(b) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 8(2)(a); S.I. 2006/3364, art. 2(d)(e)

F3 Words in s. 30 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(4)(a); S.I. 2009/1604, art. 2(d)

F4 Words in s. 30(4)(c) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 8(2)(b); S.I. 2006/3364, art. 2(d)(e)

F5 Word in s. 30(5)(a) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 8(2)(c); S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I1 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))