Part 2

Extradition to category 2 territories

Appeals

Appeal against discharge at extradition hearing
105
1
If at the extradition hearing the judge orders a person’s discharge, an appeal to the High Court may be brought on behalf of the category 2 territory against the relevant decision.
2
But subsection (1) does not apply if the order for the person’s discharge was under section 122.
3
The relevant decision is the decision which resulted in the order for the person’s discharge.
4
An appeal under this section—
a
may be brought on a question of law or fact, but
b
lies only with the leave of the High Court.
5
Notice 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 14 days starting with the day on which the order for the person’s discharge is made.
Act 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))
Act 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))
Act 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))
Words in s. 105(4) substituted (15.4.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 160(4)(a), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/987, art. 2(a) (with art. 4)
S. 105(4)(b) and preceding word inserted (15.4.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 160(4)(b), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/987, art. 2(a) (with art. 4)
Words in s. 105(5) substituted (15.4.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 112 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/987, art. 2(c)(ii) (with art. 4)