Explanatory Notes

Extradition Act 2003

2003 CHAPTER 41

20th November 2003

Territorial Application: Wales

Part 2 .Extradition to Category 2 Territories

Section 100: Information

286.If the Secretary of State decides to order a person's extradition he is required to inform the person of his decision and of his right of appeal to the High Court. He must also inform a representative of the category 2 territory of any such order (subsection (1)). However, subsection (1)(b) (right of appeal to the High Court) does not apply if the person has consented to his extradition under section 127 (subsection (2)). If the Secretary of State orders a person’s extradition and has received an assurance in respect of the death penalty under section 94(2), a copy of this assurance must be given to the person when he is informed of the order (subsection (3)).

287.If the Secretary of State decides to order a person's discharge he is required to inform both the person and a representative of the category 2 territory (subsection (4)).