Explanatory Notes

Police and Justice Act 2006

2006 CHAPTER 48

8 November 2006

The Act

Commentary on Sections

Part 5: Miscellaneous
Paragraph 9: Time for extradition

339.Paragraph 9 extends the deadline by which the subject of an executed Part 1 warrant must be removed if the person decides not to appeal. Upon a decision of a judge to order extradition the person has seven days in which to lodge an appeal. If at the end of the seven day period the person decides not to appeal, the Act (unamended) provides the police with only three days in which to remove the person from the UK.

340.The amendments give the police the same period of time to remove the person from the UK in an unappealed case as in a case which has been appealed (10 days), the short timescales reflecting the requirements of the Framework Decision on the European Arrest Warrant which Part 1 of the 2003 Act implements. Sections 35, 37 and 38 in Part 1 of the Act are amended.