Remedy
Start free

Section 124: Withdrawal of request whileapplication or appeal to High Court pending

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

Part 2: Extradition to category 2 territories

This section applies if at any time in the relevant period the High Court is informed by the Secretary of State that a request for a person's extradition has been withdrawn.

The relevant period is the period—

starting when notice of application for leave to appeal to the High Court is given by the person whose extradition is requested or by a person acting on behalf of the category 2 territory to which his extradition is requested;
ending with the relevant day.

"The relevant day" is—

if the High Court refuses leave to appeal to it, the day on which the decision to refuse leave becomes final;
if leave to appeal is given but proceedings on the appeal are discontinued, the day of discontinuance;
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).

If theapplication or appeal is under section 103 or 108, the court must—

order the person's discharge;
quash the order for his extradition, if the Secretary of State has ordered his extradition.

If the application or appeal is under section 105 or 110, the court must dismiss the application or appeal.

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.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

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