Part 1Extradition to category 1 territories

Withdrawal of Part 1 warrant

43Withdrawal of warrant while appeal to F1Supreme CourtF1 pending

(1)

This section applies if at any time in the relevant period the F2Supreme CourtF2 is informed by the designated authority that a Part 1 warrant issued in respect of a person has been withdrawn.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 leave to appeal to the F2Supreme CourtF2 is granted to the person or the authority which issued the warrant;

(b)

ending when proceedings on the appeal are discontinued or the F2Supreme CourtF2 makes its decision on the appeal.

(3)

If the appeal is brought by the person in respect of whom the warrant was issued the F2Supreme CourtF2 must—

(a)

order the person’s discharge;

(b)

quash the order for his extradition, in a case where the appeal was against a decision of the High Court to dismiss an appeal under section 26.

(4)

If the appeal is brought by the authority which issued the warrant the F2Supreme CourtF2 must dismiss the appeal.

(5)

If the person is not before the F2Supreme CourtF2 at the time it orders his discharge, the F2Supreme CourtF2 must inform him of the order as soon as practicable.