Territorial Application: Wales Part 2 .Extradition to Category 2 Territories Section 114: Appeal to House of Lords
326.This section provides rights of appeal to the House of Lords.
327.An appeal to the House of Lords following a decision of the High Court can be made by the person whose extradition is requested or a person acting on behalf of the category 2 territory (subsections (1) and (2)). An appeal can only be made when leave has been granted by the High Court or House of Lords (subsection (3)). Leave can only be granted where the High Court has certified that there is a point of law of general public importance involved in the decision and the court granting leave believes that there is a point which should be considered by the House of Lords (subsection (4)).
328.Subsections (5) and (6) provide that an application to the High Court for leave to appeal must be made within 14 days of the court's decision and applications to the House of Lords must be made within 14 days from the date the High Court refuses the application for leave to appeal. If leave to appeal is granted, the appeal must be brought within 28 days of the leave being granted (subsection (7)). If this is not complied with, the appeal is deemed to have been dismissed immediately after the end of the period permitted under subsection (7) (subsection (8)), ignoring any powers of a court to extend the period for bringing the appeal or to grant leave to take a step out of time (subsection (9)). The High Court may grant bail to person appealing under this section (subsection (10)). Subsections (11) and (12) apply provisions of the Appellate Jurisdiction Act 1876 which concern the composition of the House of Lords for the hearing and determination of appeals.
329.Subsection (13) states that this section does not apply to Scotland (see section 32 above).