Section 36: Extradition following appeal
105.This section provides the time limit for extraditing a person subject to an extradition order where an appeal has been brought and the outcome is that he is to be extradited.
106.Subsection (1) states that this section applies where an appeal to the High Court under section 26 has been brought and the result of the final decision on the appeal is that the person is to be extradited. Subsections (2) and (3) require the person to be extradited within 10 days of the date on which the appeal decision becomes final or proceedings are discontinued. However, if the relevant court which made the appeal decision and the requesting state agree a later date, it must be 10 days starting from the later date. If the deadlines are not complied with the judge must, on the person's application, order his discharge, unless reasonable cause is shown for the delay (subsection (8)). Subsection (4) defines the relevant court as the High Court, where there is no appeal to the House of Lords, or the House of Lords if there is such an appeal. Subsection (5) explains that the decision of the High Court becomes final:
when the period permitted for applying to the High Court for leave to appeal to the House of Lords ends, if no application for leave is made;
when the period permitted for applying to the House of Lords for leave to appeal to it ends, if leave is refused by the High Court and there is no application for leave to the House of Lords;
when the House of Lords refuses leave to appeal;
after 28 days from the day on which leave to appeal to the House of Lords is granted, if no such appeal is brought in that time.
107.For the purposes of determining when the decision of the High Court is final, any powers of a court to extend the period for applying for leave to appeal or to grant leave to take a step out of time must be ignored (subsection (6)).
108.The decision of the House of Lords is immediately final (subsection (7)).
109.Subsection (9) includes the relevant modifications for this section to apply to Scotland. For this purpose the relevant court in this section will always be the High Court and all references to the House of Lords are omitted.
