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The Extradition (British Antarctic Territory) (Commonwealth Countries, Colonies and Republic of Ireland) Order 1992

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Discharge in case of delay.

16.—(1) If a person committed under section 9 above is still in the Territory after the expiration of the relevant period, he may apply to the Supreme Court for his discharge.

(2) Unless he has instituted proceedings for judicial review of the Commissioner’s decision to order his return, the relevant period is—

(a)the period of two months beginning with the first day on which, having regard to section 11(2) above, he could have been returned;

(b)where a warrant for his return has been issued under section 12 above, the period of one month beginning with the day on which that warrant was issued.

(3) If he has instituted such proceedings, the relevant period is the period expiring one month after they end.

(4) Proceedings for judicial review end for the purposes of this section—

(a)if they are discontinued, on the day of discontinuance; and

(b)if they are determined, on the day on which (disregarding any power of a court to grant leave to appeal out of time and the power of Her Majesty to grant special leave to appeal to Her Majesty in Council) there is no further possibility of an appeal.

(5) If upon an application under this section the court is satisfied that reasonable notice of the proposed application has been given to the Commissioner, the court may, unless sufficient cause is shown to the contrary, by order direct the applicant to be discharged and, if a warrant for his return has been issued under section 12 above, quash that warrant.

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