PART 12Extradition
Amendments of the Extradition Act 2003
I1160Appeals
1
In section 26 of the Extradition Act 2003 (appeal against extradition order: category 1 territory)—
a
in subsection (3), for “section may” there is substituted
section—
a
may
b
at the end of that subsection there is inserted
, but
b
lies only with the leave of the High Court.
c
after subsection (4) there is inserted—
5
But where a person gives notice of application for leave to appeal after the end of the permitted period, the High Court must not for that reason refuse to entertain the application if the person did everything reasonably possible to ensure that the notice was given as soon as it could be given.
2
In section 28 of that Act (appeal against discharge at extradition hearing: category 1 territory)—
a
in subsection (4), for “section may” there is substituted
section—
a
may
b
at the end of that subsection there is inserted
, but
b
lies only with the leave of the High Court.
3
In section 103 of that Act (appeal where case sent to Secretary of State)—
a
in subsection (4), for “section may” there is substituted
section—
a
may
b
at the end of that subsection there is inserted
, but
b
lies only with the leave of the High Court.
c
after subsection (9) there is inserted—
10
But where a person gives notice of application for leave to appeal after the end of the permitted period, the High Court must not for that reason refuse to entertain the application if the person did everything reasonably possible to ensure that the notice was given as soon as it could be given.
4
In section 105 of that Act (appeal against discharge at extradition hearing: category 2 territory)—
a
in subsection (4), for “section may” there is substituted
section—
a
may
b
at the end of that subsection there is inserted
, but
b
lies only with the leave of the High Court.
5
In section 108 of that Act (appeal against extradition order: category 2 territory)—
a
in subsection (3), for “section may” there is substituted
section—
a
may
b
at the end of that subsection there is inserted
, but
b
lies only with the leave of the High Court.
c
after subsection (7) there is inserted—
7A
Where a person gives notice of application for leave to appeal after the end of the permitted period (whether or not the application is for leave to appeal on human rights grounds), the High Court must not for that reason refuse to entertain the application if the person did everything reasonably possible to ensure that the notice was given as soon as it could be given.
6
In section 110 of that Act (appeal against discharge by Secretary of State)—
a
in subsection (4), for “section may” there is substituted
section—
a
may
b
at the end of that subsection there is inserted
, but
b
lies only with the leave of the High Court.