Section 92: Case sent to Secretary of State

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

Part 2: Extradition to category 2 territories

This section applies if the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited.

The judge must inform the person in ordinary language that—

he has a right to appeal to the High Court;
if he exercises the right the appeal will not be heard until the Secretary of State has made his decision.

But subsection (2) does not apply if the person has consented to his extradition under section 127.

The judge must remand the person in custody or on bail—

to wait for the Secretary of State's decision, and
to wait for his extradition to the territory to which extradition is requested (if the Secretary of State orders him to be extradited).

If the person is remanded in custody, the appropriate judge may later grant bail.

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.