Explanatory Notes

Extradition Act 2003

2003 CHAPTER 41

20th November 2003

Territorial Application: Wales

Part 2 .Extradition to Category 2 Territories

Section 110: Appeal against discharge by Secretary of State

316.Subsections (1), (3) and (4) allow the authority representing the requesting territory to appeal to the High Court against the decision that resulted in the discharge of the person by the Secretary of State. The appeal may be brought on any question of law or fact. The exception to this right of appeal, in subsection (2), is when the order for the person's discharge was made under section 123, as a result of the request being withdrawn.

317.Notice of appeal must be given within 14 days of the authority in the requesting state being notified of the order for the person’s discharge (subsection (5)).