Commentary on Sections Part 2: Arrest and Delivery of Persons Section 8: Procedure where court refuses order
28.This section provides that if the competent court refuses to make a delivery order it must remand the person arrested and notify the Secretary of State (and, in Scotland, the Scottish Ministers). If the court is not informed without delay of an intention to appeal, the person concerned will be discharged. Otherwise, the person will remain on remand.