Explanatory Notes

Extradition Act 2003

2003 CHAPTER 41

20th November 2003

Territorial Application: Wales

Part 5 .Miscellaneous and General Provisions

Section 195: Human rights: appropriate tribunal

556.Section 7(1)(a) of the Human Rights Act 1998 allows a person who claims that a public authority has acted in a way that is incompatible with the European Convention on Human Rights to bring proceedings against the authority. This section establishes that the only appropriate court or tribunal for hearing human rights claims arising out of the extradition process will be the appropriate judge dealing with the extradition proceedings under Parts 1 or 2 of this Act (subsection (1)). For a case under Part 1 of the Act the appropriate judge is as defined in section 67 and, for Part 2, is as defined in section 139 (subsections (2) and (3)).