Extradition Act 2003

125 Withdrawal of request while appeal to House of Lords pending

(1) This section applies if at any time in the relevant period the House of Lords is informed by the Secretary of State that a request for a person’s extradition has been withdrawn.

(2) The relevant period is the period—

(a) starting when leave to appeal to the House of Lords is granted to the person whose extradition is requested or a person acting on behalf of the category 2 territory to which his extradition is requested;

(b) ending when proceedings on the appeal are discontinued or the House of Lords makes its decision on the appeal.

(3) If the appeal is brought by the person whose extradition is requested the House of Lords must—

(a) order the person’s discharge;

(b) quash the order for his extradition, in a case where the appeal was against a decision of the High Court to dismiss an appeal under section 103 or 108.

(4) If the appeal is brought by a person acting on behalf of the category 2 territory the House of Lords must dismiss the appeal.

(5) If the person whose extradition is requested is not before the House of Lords at the time it orders his discharge, the House of Lords must inform him of the order as soon as practicable.