Section 30: Detention pending conclusion of appeal under section 28
88.This section sets out the arrangements for detaining a person if an authority of the requesting state gives notice of its intention to appeal against a decision at the extradition hearing to discharge the person.
89.Subsection (1) states that this section applies if, immediately after the judge orders the person’s discharge, the judge is informed that the requesting authority intends to appeal under the provisions of section 28 above. The judge must remand the person in custody or on bail for so long as the appeal is pending, but he may later grant bail if the person is remanded in custody (subsections (2) and (3)). The appeal ceases to be pending, under subsection (4), when the earliest of any of these applies:
the proceedings on the appeal are discontinued;
the High Court dismisses the appeal and the court is not immediately informed that the authority intends to apply for leave to appeal to the House of Lords (except for Scotland);
the High Court dismisses the appeal (Scotland only – see subsection (5));
leave to appeal to the House of Lords has been granted but no appeal is brought by the authority within 28 days (except for Scotland);
there are no further avenues of appeal available to the authority.
