Extradition Act 2003

107 Detention pending conclusion of appeal under section 105 U.K.

(1) This section applies if immediately after the judge orders the person’s discharge the judge is informed on behalf of the category 2 territory of an intention to appeal under section 105.

(2) The judge must remand the person in custody or on bail while the appeal is pending.

(3) [F1 If the person is remanded in custody, the appropriate judge may] later grant bail.

(4) An appeal under section 105 ceases to be pending at the earliest of these times—

(a) when the proceedings on the appeal are discontinued;

[F2 (b) when the High Court—

(i) allows the appeal,

(ii) makes a direction under section 106(1)(b), or

(iii) dismisses the appeal,

unless, where the appeal is dismissed, the court is immediately informed on behalf of the category 2 territory of an intention to apply for leave to appeal to the [F3 Supreme Court ]; ]

(c) at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the [F3 Supreme Court] against the decision of the High Court on the appeal is granted [F4 , if no appeal to the [F3 Supreme Court] is brought before the end of that period];

(d) when there is no further step that can be taken on behalf of the category 2 territory in relation to the appeal (ignoring any power of a court to grant leave to take a step out of time).

[F5 (5) The preceding provisions of this section do not apply to Scotland.]

Textual Amendments

F1 Words in s. 107(3) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 16; S.I. 2006/3364, art. 2(d)(e)

F2 S. 107(4)(b) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 8(8)(a); S.I. 2006/3364, art. 2(d)(e)

F3 Words in s. 107 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(4)(g); S.I. 2009/1604, art. 2(d)

F4 Words in s. 107(4)(c) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 8(8)(b); S.I. 2006/3364, art. 2(d)(e)

F5 S. 107(5) substituted (29.7.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 20 para. 23(1) (with Sch. 20 para. 29); S.I. 2013/1682, art. 2(1)(b) (with art. 4(5))

Commencement Information

I1 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))