Territorial Application: Wales Part 5 .Miscellaneous and General Provisions Section 180: Proceedings on deferred warrant or request
518.This section applies when an order has been made under this Act on competing extradition claims (a claim being a Part 1 warrant or a request from a category 2 territory – subsection (9)) and proceedings on one of them are deferred until the other has been disposed of. This section sets out what is to happen with the deferred claim once the other claim has been disposed of (subsection (1)). The judge may order that proceedings on the deferred claim be resumed, but only before the required period (explained below) has expired (subsections (2) and (3)).
519.Under subsection (4) the judge may, if the person applies to him at any time, order the person's discharge. However, the judge must order the person's discharge if the person applies to him, the required period has expired and the judge has not already ordered that the deferred proceedings be resumed or that the person be discharged (subsection (5)). For the purposes of this section, under subsection (6), the required period is 21 days from the day on which the competing claim is disposed of (see section 213).
520.Subsections (7) and (8) define who is the appropriate judge for the purposes of this section, depending on whether the deferred proceedings were under Part 1 or Part 2 of the Act.