I3Part 2Extradition to category 2 territories
I2Withdrawal of extradition request
Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
124I1Withdrawal of request whileF1application or appeal to High Court pending
1
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relevant period the High Court is informed by the Secretary of State that a request for a person’s extradition has been withdrawn.
2
The relevant period is the period—
a
starting when F3notice 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;
b
ending F4with the relevant day.
F22A
“The relevant day” is—
a
if the High Court refuses leave to appeal to it, the day on which the decision to refuse leave becomes final;
b
if leave to appeal is given but proceedings on the appeal are discontinued, the day of discontinuance;
c
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).
3
If theF5application or appeal is under section 103 or 108, the court must—
a
order the person’s discharge;
b
quash the order for his extradition, if the Secretary of State has ordered his extradition.
F64
If the application or appeal is under section 105 or 110, the court must dismiss the application or appeal.
5
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.
Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))