Commencement Information
I1Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
Commencement Information
I2Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
(1)If the judge orders a person’s discharge at the extradition hearing the authority which issued the Part 1 warrant may appeal to the High Court against the relevant decision.
(2)But subsection (1) does not apply if the order for the person’s discharge was under section 41.
(3)The relevant decision is the decision which resulted in the order for the person’s discharge.
(4)An appeal under this [F1section—
(a)may] be brought on a question of law or fact[F2, but
(b)lies only with the leave of the High Court.]
(5)[F3Notice of application for leave to appeal] under this section must be given in accordance with rules of court before the end of the permitted period, which is 7 days starting with the day on which the order for the person’s discharge is made.
Textual Amendments
F1Words in s. 28(4) substituted (15.4.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 160(2)(a), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/987, art. 2(a) (with art. 4)
F2S. 28(4)(b) and preceding word inserted (15.4.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 160(2)(b), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/987, art. 2(a) (with art. 4)
F3Words in s. 28(5) substituted (15.4.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 107 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/987, art. 2(c)(i) (with art. 4)
Commencement Information
I3Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))