The Extradition (Overseas Territories) Order 2002

10.—(1) If the court of committal refuses to make an order in relation to a person under section 9 above in respect of the offence or, as the case may be, any of the offences to which the authority to proceed relates, the country or British overseas territory seeking his return may question the proceeding on the ground that it is wrong in law by applying to the court to state a case for the opinion of a superior court of the relevant listed territory on the question of law involved.

(2) If the country or British overseas territory seeking return immediately informs the court of committal that it intends to make such an application, the court shall make an order providing for the detention of the person to whom the authority to proceed relates, or directing that he shall not be released except on bail.

(3) Rules of court may specify—

(a) a period within which such an application must be made unless the court grants a longer period; and

(b) a period within which the court of committal must comply with such an application.

(4) Where the court of committal fails to comply with an application under subsection (1) above within the period specified by rules of court, the superior court may, on the application of the country or British overseas territory that applied for the case to be stated, make an order requiring the court to state a case.

(5) The superior court shall have power—

(a) to remit the case to the court of committal to decide it according to the opinion of the superior court on the question of law; or

(b) to dismiss the appeal.

(6) Where the superior court dismisses an appeal relating to an offence, it shall by order declare that the offence is not an offence in respect of which the Governor has power to make an order for return in respect of the person whose return was requested.

(7) An order made under subsection (2) above shall cease to have effect if—

(a) the superior court dismisses the appeal in respect of the offence or all the offences to which it relates; and

(b) the country or British overseas territory seeking return does not immediately—

(i) apply for leave to appeal against that dismissal; or

(ii) inform the superior court that it intends to apply for leave.

(9) An appeal against the decision of a superior court given under this section may be made to the court of the territory to which an appeal from the superior court in criminal matters lies by the person whose return is sought or by the country or British overseas territory seeking his return but may be so made only—

(a) by leave of the superior court; or

(b) where that court has refused leave under paragraph (a) above, by special leave of the court to which an appeal in that case would lie.

(10) Without prejudice to any other powers exercisable apart from this provision, a court may, on an appeal from a decision of a superior court under subsection (9) above, exercise any powers of the superior court under subsection (5) above, and subsection (6) above shall apply to it as it applies to the superior court in question.

(11) Subject to subsection (7) above, an order under subsection (2) above shall have effect so long as the case is pending.

(12) For the purpose of this section a case is pending (unless proceedings are discontinued) until (disregarding any power of a court to grant leave to take any step out of time and the power of Her Majesty to grant special leave to appeal to Her Majesty in Council) there is no step that the country or British overseas territory seeking the return can take.