Extradition Act 2003 (c. 41)

Part 5 U.K. Miscellaneous and general

Interpretation U.K.

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))

214 Disposal of charge U.K.

(1) A charge against a person is disposed of—

(a) if the person is acquitted in respect of it, when he is acquitted;

(b) if the person is convicted in respect of it, when there is no further possibility of an appeal against the conviction.

(2) There is no further possibility of an appeal against a conviction—

(a) when the period permitted for giving notice of application for leave to appeal to the Court of Appeal against the conviction ends, if the leave of the Court of Appeal is required and no such notice is given before the end of that period;

(b) when the Court of Appeal refuses leave to appeal against the conviction, if the leave of the Court of Appeal is required and notice of application for leave is given before the end of that period;

(c) when the period permitted for giving notice of appeal to the Court of Appeal against the conviction ends, if notice is not given before the end of that period;

(d) when the decision of the Court of Appeal on an appeal becomes final, if there is no appeal to the [F1 Supreme Court]F1 against that decision;

(e) when the decision of the [F1 Supreme Court]F1 on an appeal is made, if there is such an appeal.

(3) The decision of the Court of Appeal on an appeal becomes final—

(a) when the period permitted for applying to the Court of Appeal for leave to appeal to the [F1 Supreme Court]F1 ends, if there is no such application;

(b) when the period permitted for applying to the [F1 Supreme Court]F1 for leave to appeal to it ends, if the Court of Appeal refuses leave to appeal and there is no application to the [F1 Supreme Court]F1 for leave to appeal;

(c) when the [F1 Supreme Court]F1 refuses leave to appeal to it;

(d) at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the [F1 Supreme Court]F1 is granted, if no such appeal is brought before the end of that period.

(4) These must be ignored for the purposes of subsections (2) and (3)—

(a) any power of a court to extend the period permitted for giving notice of appeal or of application for leave to appeal or for applying for leave to appeal;

(b) any power of a court to grant leave to take a step out of time.

(5) Subsections (2) to (4) do not apply to Scotland.

Textual Amendments

F1 Words in s. 214 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(4)(q); S.I. 2009/1604, art. 2(d)

Modifications etc. (not altering text)

C1 S. 214 modified (10.11.2016) by The Extradition Act 2003 (Overseas Territories) Order 2016 (S.I. 2016/990), arts. 1(1), 6(4), Sch. 3

Commencement Information

I2 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))