Commentary on Sections Part 12: Extradition Section 160: Appeals
474.Subsections (1), (3) and (5) amend sections 26 (appeal against a judge’s decision to order extradition in Part 1 cases), 103 (appeal against a judge’s decision to send a case to the Secretary of State in Part 2 cases) and 108 (appeal against decision of the Secretary of State to order extradition in Part 2 cases) of the 2003 Act respectively. Subsections (2), (4) and (6) amend sections 28 (appeal against discharge at extradition hearing in Part 1 cases), 105 (appeal against discharge at extradition hearing in Part 2 case) and 110 (appeal against discharge by Secretary of State in Part 2 cases) of the 2003 Act respectively.
475.The effect of the amendments is two-fold. First, they make the requested person’s and requesting State’s rights of appeal under each of these sections lie only with the leave of the High Court. Second, they set out that the High Court must not refuse to entertain an application for leave to appeal by the requested person solely because it has been submitted outside the normal time period, if the person did everything reasonably possible to ensure that the notice was given as soon as it could be. Normally, notice of appeal must be given within seven days of the extradition order being made in Part 1 cases, and within 14 days of the date on which the Secretary of State informs the person of the order in Part 2 cases.
476.Subsection (5) also makes a technical change to section 108 of the 2003 Act to ensure the above amendment to that section takes into account changes made to that section by the Crime and Courts Act 2013.