PART 17EXTRADITION
SECTION 1: GENERAL RULES
When this Part applies17.1
1
This Part applies to extradition under Part 1 or Part 2 of the Extradition Act 2003271.
2
Section 2 of this Part applies to proceedings in a magistrates’ court, and in that Section—
a
rules 17.3 to 17.7, 17.15 and 17.16 apply to extradition under Part 1 of the Act;
b
rules 17.3, 17.4 and 17.8 to 17.16 apply to extradition under Part 2 of the Act.
3
Section 3 of this Part applies where—
a
a party wants to appeal to the High Court against an order by the magistrates’ court or by the Secretary of State;
b
a party to an appeal to the High Court wants to appeal further to the Supreme Court under—
i
section 32 of the Act (appeal under Part 1 of the Act), or
ii
section 114 of the Act (appeal under Part 2 of the Act).
[Note. The Extradition Act 2003 provides for the extradition of a person accused or convicted of a crime to the territory within which that person is accused or was convicted.
Under Part 1 of the Act (sections 1 to 68), the magistrates’ court may give effect to a warrant for arrest issued by an authority in a territory designated for the purposes of that Part, including a Member State of the European Union.
Under Part 2 of the Act (sections 69 to 141), the magistrates’ court and the Secretary of State may give effect to a request for extradition made under a treaty between the United Kingdom and the requesting territory.
There are rights of appeal to the High Court from decisions of the magistrates’ court and of the Secretary of State: see Section 3 of this Part.]