125Withdrawal of request while appeal to [F1Supreme Court]F1 pendingU.K.
(1)This section applies if at any time in the relevant period the [F2Supreme Court]F2 is informed by the Secretary of State that a request for a person’s extradition has been withdrawn.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 leave to appeal to the [F2Supreme Court]F2 is granted to the person whose extradition is requested or 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 [F2Supreme Court]F2 makes its decision on the appeal.
(3)If the appeal is brought by the person whose extradition is requested the [F2Supreme Court]F2 must—
(a)order the person’s discharge;
(b)quash the order for his extradition, in a case where the appeal was against a decision of the High Court to dismiss an appeal under section 103 or 108.
(4)If the appeal is brought by a person acting on behalf of the category 2 territory the [F2Supreme Court]F2 must dismiss the appeal.
(5)If the person whose extradition is requested is not before the [F2Supreme Court]F2 at the time it orders his discharge, the [F2Supreme Court]F2 must inform him of the order as soon as practicable.
Textual Amendments
F1Words in s. 125 sidenote substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(4)(k); S.I. 2009/1604, art. 2(d)
F2Words in s. 125 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(4)(k); S.I. 2009/1604, art. 2(d)
Commencement Information
I1Act 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))