Extradition Act 2003

42Withdrawal of warrant while appeal to High Court pending

This section has no associated Explanatory Notes

(1)This section applies if at any time in the relevant period the High Court is informed by the designated authority that a Part 1 warrant issued in respect of a person has been withdrawn.

(2)The relevant period is the period—

(a)starting when notice of an appeal to the court is given by the person or the authority which issued the warrant;

(b)ending when proceedings on the appeal are discontinued or the court makes its decision on the appeal.

(3)The court must—

(a)if the appeal is under section 26, order the person’s discharge and quash the order for his extradition;

(b)if the appeal is under section 28, dismiss the appeal.

(4)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.