Extradition Act 2003

35Extradition where no appeal

This section has no associated Explanatory Notes

(1)This section applies if—

(a)the appropriate judge orders a person’s extradition to a category 1 territory under this Part, and

(b)no notice of an appeal under section 26 is given before the end of the period permitted under that section.

(2)But this section does not apply if the order is made under section 46 or 48.

(3)The person must be extradited to the category 1 territory before the end of the required period.

(4)The required period is—

(a)10 days starting with the day on which the judge makes the order, or

(b)if the judge and the authority which issued the Part 1 warrant agree a later date, 10 days starting with the later date.

(5)If subsection (3) is not complied with and the person applies to the appropriate judge to be discharged the judge must order his discharge, unless reasonable cause is shown for the delay.

(6)These must be ignored for the purposes of subsection (1)(b)—

(a)any power of a court to extend the period permitted for giving notice of appeal;

(b)any power of a court to grant leave to take a step out of time.