Explanatory Notes

Extradition Act 2003

2003 CHAPTER 41

20th November 2003

Territorial Application: Wales

Part 2 .Extradition to Category 2 Territories

Section 99: Time limit for order for extradition or discharge

285.Once a case is sent to the Secretary of State, he is required to make a decision on a person’s extradition within two months (subsections (1) and (3)). If the Secretary of State fails to do so and the person applies to the High Court, the court must order his discharge (subsection (2)). However, under subsection (4), this period can be extended on application to the High Court.