Section 105: Appeal against discharge at extradition hearing

Extradition Act 2003 · 2003 c. 41View on legislation.gov.uk

Part 2: Extradition to category 2 territories

If at the extradition hearing the judge orders a person's discharge, an appeal to the High Court may be brought on behalf of the category 2 territory against the relevant decision.

But subsection (1) does not apply if the order for the person's discharge was under section 122.

The relevant decision is the decision which resulted in the order for the person's discharge.

An appeal under this section—

may be brought on a question of law or fact, but
lies only with the leave of the High Court.

Notice of application for leave to appeal under this section must be given in accordance with rules of court before the end of the permitted period, which is 14 days starting with the day on which the order for the person's discharge is made.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.