Part 5Miscellaneous and general

Interpretation

213Disposal of Part 1 warrant and extradition request

(1)

A Part 1 warrant issued in respect of a person is disposed of—

(a)

when an order is made for the person’s discharge in respect of the warrant and there is no further possibility of an appeal;

(b)

when the person is taken to be discharged in respect of the warrant;

(c)

when an order is made for the person’s extradition in pursuance of the warrant and there is no further possibility of an appeal.

(2)

A request for a person’s extradition is disposed of—

(a)

when an order is made for the person’s discharge in respect of the request and there is no further possibility of an appeal;

(b)

when the person is taken to be discharged in respect of the request;

(c)

when an order is made for the person’s extradition in pursuance of the request and there is no further possibility of an appeal.

(3)

There is no further possibility of an appeal against an order for a person’s discharge or extradition—

(a)

when the period permitted for giving F1notice of application for leave to appeal to the High Court ends, if notice is not given before the end of that period;

F2(aa)

when the decision of the High Court refusing leave to appeal to it becomes final;

(b)

when the decision of the High Court on an appeal becomes final, if there is no appeal to the F3Supreme CourtF3 against that decision;

(c)

when the decision of the F3Supreme CourtF3 on an appeal is made, if there is such an appeal.

F4(3A)

The decision of the High Court refusing leave to appeal to it becomes final when, in accordance with rules of court, there is no further step that can be taken in relation to the application for leave to appeal.

(4)

The decision of the High Court on an appeal becomes final—

(a)

when the period permitted for applying to the High Court for leave to appeal to the F3Supreme CourtF3 ends, if there is no such application;

(b)

when the period permitted for applying to the F3Supreme CourtF3 for leave to appeal to it ends, if the High Court refuses leave to appeal and there is no application to the F3Supreme CourtF3 for leave to appeal;

(c)

when the F3Supreme CourtF3 refuses leave to appeal to it;

(d)

at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the F3Supreme CourtF3 is granted, if no such appeal is brought before the end of that period.

(5)

These must be ignored for the purposes of subsections (3) F5to (4)—

(a)

any power of a court to extend the period permitted for giving notice of appeal or for applying for leave to appeal;

(b)

any power of a court to grant leave to take a step out of time.

(6)

Subsections (3) to (5) do not apply to Scotland.