Part 2Extradition to category 2 territories
Appeals
108Appeal against extradition order
(1)
If the Secretary of State orders a person’s extradition under this Part, the person may appeal to the High Court against the order.
(2)
But subsection (1) does not apply if the person has consented to his extradition under section 127.
(3)
An appeal under this F1section—
(a)
may be brought on a question of law or factF2, but
(b)
lies only with the leave of the High Court.
(4)
F3Notice of application for leave to appeal under this section must be given—
(a)
in accordance with rules of court, and
(a)
subject to subsections (5) and (7A), before the end of the permitted period, which is 14 days starting with the day on which the Secretary of State informs the person of the order under section 100(1).
F4(5)
(6)
F7Notice of application for leave to appeal on human rights grounds given after the end of the permitted period must be given before the person is extradited to the category 2 territory in accordance with section 117.
(7)
Where F8notice of application for leave to appeal is given in accordance with subsections (5) and (6), the High Court is to F9grant leave only if it appears to the High Court that—
(a)
the appeal is necessary to avoid real injustice, and
(b)
the circumstances are exceptional and make it appropriate F10for the appeal to be heard.
F11(7A)
Where a person gives notice of application for leave to appeal after the end of the permitted period (whether or not the application is for leave to appeal on human rights grounds), the High Court must not for that reason refuse to entertain the application if the person did everything reasonably possible to ensure that the notice was given as soon as it could be given.
(8)
In this section F12“to appeal on human rights grounds” means to appeal against the order for the person's extradition on the grounds (and only on the grounds) that the extradition would not be compatible with the Convention rights within the meaning of the Human Rights Act 1998.