PART 50EXTRADITION

SECTION 3: APPEAL TO THE HIGH COURT

Discontinuing an appeal50.24

1

This rule applies where—

a

an appellant has served an appeal notice under rule 50.19;

b

the High Court has given permission to appeal to the High Court; and

c

the court has not determined the appeal.

2

If the appellant wants to discontinue the appeal, the appellant must notify—

a

the High Court officer;

b

the respondent;

c

the Director of Public Prosecutions, unless the Director already has the conduct of the proceedings; and

d

any other person on whom the appellant served the appeal notice.

3

The parties to the appeal must serve on the High Court officer—

a

a joint notice consenting to the dismissal of the appeal; and

b

a joint notice of any agreement between the parties about costs.

4

Where a defendant who is on bail pending appeal discontinues that appeal—

a

the defendant must surrender to custody as directed by the magistrates’ court officer; and

b

any conditions of bail apply until then.

[Note. See sections 36 and 118 of the Extradition Act 20031075.

The Practice Direction sets out a form of notice of discontinuance for use in connection with this rule.

Part 45 contains rules about costs.]