Part 5Miscellaneous and general
I5Interpretation
213I1Disposal of Part 1 warrant and extradition request
1
A Part 1 warrant issued in respect of a person is disposed of—
a
when an order is made for the person’s discharge in respect of the warrant and there is no further possibility of an appeal;
b
when the person is taken to be discharged in respect of the warrant;
c
when an order is made for the person’s extradition in pursuance of the warrant and there is no further possibility of an appeal.
2
A request for a person’s extradition is disposed of—
a
when an order is made for the person’s discharge in respect of the request and there is no further possibility of an appeal;
b
when the person is taken to be discharged in respect of the request;
c
when an order is made for the person’s extradition in pursuance of the request and there is no further possibility of an appeal.
3
There is no further possibility of an appeal against an order for a person’s discharge or extradition—
a
when the period permitted for giving F10notice of application for leave to appeal to the High Court ends, if notice is not given before the end of that period;
F11aa
when the decision of the High Court refusing leave to appeal to it becomes final;
b
F93A
The decision of the High Court refusing leave to appeal to it becomes final when, in accordance with rules of court, there is no further step that can be taken in relation to the application for leave to appeal.
4
The decision of the High Court on an appeal becomes final—
a
b
5
These must be ignored for the purposes of subsections (3) F12to (4)—
a
any power of a court to extend the period permitted for giving notice of appeal or for applying for leave to appeal;
b
any power of a court to grant leave to take a step out of time.
6
Subsections (3) to (5) do not apply to Scotland.
C1214I2Disposal of charge
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
3
The decision of the Court of Appeal on an appeal becomes final—
a
b
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.
215I3F13Trade and Cooperation Agreement list
1
The F15Trade and Cooperation Agreement list is the list of conduct set out in Schedule 2.
F142
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F143
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
216I4Other interpretative provisions
1
References to a category 1 territory must be read in accordance with section 1.
2
References to a category 2 territory must be read in accordance with section 69.
F162A
References in sections 74B and 74C to the designated authority must be read in accordance with section 74B(4).
3
F17Other references to the designated authority must be read in accordance with section 2(9).
4
References to a Part 1 warrant must be read in accordance with section 2.
5
References to a Part 3 warrant must be read in accordance with section 142.
6
References to a valid request for a person’s extradition must be read in accordance with section 70.
F66A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
“Asylum claim” has the meaning given by section 113(1) of the Nationality, Immigration and Asylum Act 2002 (c. 41).
F37A
“ Civilian subject to service discipline ” has the same meaning as in the Armed Forces Act 2006.
8
A customs officer is a person commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979 (c. 2).
9
“High Court” in relation to Scotland means the High Court of Justiciary.
10
In relation to Scotland, references to an appeal being discontinued are to be construed as references to its being abandoned.
F710A
Human Rights Convention” has the meaning given to “the Convention” by section 21(1) of the Human Rights Act 1998.
11
“Police officer” in relation to Northern Ireland has the same meaning as in the Police (Northern Ireland) Act 2000 (c. 32).
12
A provisional warrant is a warrant issued under section 73(3).
F812A
Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol to the Convention.
F413
“ Service policeman ” F5 has the meaning given by section 375(1) of the Armed Forces Act 2006 .
13A
“ Subject to service law ” has the same meaning as in that Act.
15
This section and sections 213 to 215 apply for the purposes of this Act.
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))