Section 125: Withdrawal of request while appeal to Supreme 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period the Supreme Court is informed by the Secretary of State that a request for a person's extradition has been withdrawn.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 leave to appeal to the Supreme Court is granted to the person whose extradition is requested or a person acting on behalf of the category 2 territory to which his extradition is requested;
ending when proceedings on the appeal are discontinued or the Supreme Court makes its decision on the appeal.

If the appeal is brought by the person whose extradition is requested the Supreme Court must—

order the person's discharge;
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 103 or 108.

If the appeal is brought by a person acting on behalf of the category 2 territory the Supreme Court must dismiss the appeal.

If the person whose extradition is requested is not before the Supreme Court at the time it orders his discharge, the Supreme Court must inform him of the order as soon as practicable.

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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.