Part 1Extradition to category 1 territories

Withdrawal of Part 1 warrant

42Withdrawal of warrant whileF1application or appeal to High Court pending

(1)

This section applies if at any time in the relevant period the High Court is informed by the designated authority that a Part 1 warrant issued in respect of a person has been withdrawn.

(2)

The relevant period is the period—

(a)

starting when F2notice of application for leave to appeal to the High Court is given by the person or the authority which issued the warrant;

(b)

ending F3with the relevant day.

F4(2A)

“The relevant day” is—

(a)

if the High Court refuses leave to appeal to it, the day on which the decision to refuse leave becomes final;

(b)

if leave to appeal is given but proceedings on the appeal are discontinued, the day of discontinuance;

(c)

if leave to appeal is given and proceedings on the appeal are not discontinued, the day on which the court makes its decision on the appeal.

For the purposes of paragraph (a), the decision to refuse leave 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 (ignoring any power of a court to grant leave to take a step out of time).

(3)

The court must—

(a)

F5in the case of an application or appeal under section 26, order the person’s discharge and quash the order for his extradition;

F6(b)

in the case of an application or appeal under section 28, dismiss the application or appeal.

(4)

If the person is not before the court at the time the court orders his discharge, the court must inform him of the order as soon as practicable.