Extradition Act 2003

31 Appeal to High Court: time limit for start of hearing

(1) Rules of court must prescribe the period (the relevant period) within which the High Court must begin to hear an appeal under section 26 or 28.

(2) Rules of court must provide for the relevant period to start with the date on which the person in respect of whom a Part 1 warrant is issued—

(a) was arrested under section 5, if he was arrested under that section;

(b) was arrested under the Part 1 warrant, if he was not arrested under section 5.

(3) The High Court must begin to hear the appeal before the end of the relevant period.

(4) The High Court may extend the relevant period if it believes it to be in the interests of justice to do so; and this subsection may apply more than once.

(5) The power in subsection (4) may be exercised even after the end of the relevant period.

(6) If subsection (3) is not complied with and the appeal is under section 26—

(a) the appeal must be taken to have been allowed by a decision of the High Court;

(b) the person whose extradition has been ordered must be taken to have been discharged by the High Court;

(c) the order for the person’s extradition must be taken to have been quashed by the High Court.

(7) If subsection (3) is not complied with and the appeal is under section 28 the appeal must be taken to have been dismissed by a decision of the High Court.