Extradition Act 2003

124 Withdrawal of request while appeal to High Court pending

(1) This section applies if at any time in the relevant period the High Court is informed by the Secretary of State that a request for a person’s extradition has been withdrawn.

(2) The relevant period is the period—

(a) starting when notice of an appeal to the court is given by the person whose extradition is requested or by a person acting on behalf of the category 2 territory to which his extradition is requested;

(b) ending when proceedings on the appeal are discontinued or the court makes its decision on the appeal.

(3) If the appeal is under section 103 or 108, the court must—

(a) order the person’s discharge;

(b) quash the order for his extradition, if the Secretary of State has ordered his extradition.

(4) If the appeal is under section 105 or 110, the court must dismiss the appeal.

(5) If the person is not before the court at the time the court orders his discharge, the court must inform him of the order as soon as practicable.