Part 2Extradition to category 2 territories

Withdrawal of extradition request

125Withdrawal of request while appeal to F1Supreme CourtF1 pending

(1)

This section applies if at any time in the relevant period the F2Supreme CourtF2 is informed by the Secretary of State that a request for a person’s extradition has been withdrawn.

(2)

The relevant period is the period—

(a)

starting when leave to appeal to the F2Supreme CourtF2 is granted to the person whose extradition is requested or a person acting on behalf of the category 2 territory to which his extradition is requested;

(b)

ending when proceedings on the appeal are discontinued or the F2Supreme CourtF2 makes its decision on the appeal.

(3)

If the appeal is brought by the person whose extradition is requested the F2Supreme CourtF2 must—

(a)

order the person’s discharge;

(b)

quash the order for his extradition, in a case where the appeal was against a decision of the High Court to dismiss an appeal under section 103 or 108.

(4)

If the appeal is brought by a person acting on behalf of the category 2 territory the F2Supreme CourtF2 must dismiss the appeal.

(5)

If the person whose extradition is requested is not before the F2Supreme CourtF2 at the time it orders his discharge, the F2Supreme CourtF2 must inform him of the order as soon as practicable.