Extradition Act 2003 Explanatory Notes

Section 124: Withdrawal of request while appeal to High Court pending

353.This section applies if the High Court is informed that an extradition request is withdrawn before the end of the appeal hearing.

354.Where these circumstances occur and the appeal is brought by the person (under section 103 or 108) the court is required to order his discharge and quash the extradition order if one has been made (subsection (3)). If the appeal has been brought on behalf of the category 2 territory (under section 105 or 110) the court must dismiss the appeal (subsection (4)). Subsection (5) requires the court to inform the person of his discharge as soon as practicable if he is not present when it is ordered.

Back to top