I3Part 1Extradition to category 1 territories
I2Appeals
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))
30I1Detention pending conclusion of appeal under section 28
1
This section applies if immediately after the judge orders the person’s discharge the judge is informed by the authority which issued the Part 1 warrant that it intends to appeal under section 28.
2
The judge must remand the person in custody or on bail while the appeal is pending.
3
F1If the person is remanded in custody, the appropriate judge may later grant bail.
4
An appeal under section 28 ceases to be pending at the earliest of these times—
a
when the proceedings on the appeal are discontinued;
F2b
when the High Court—
i
allows the appeal, or
ii
dismisses the appeal,
unless, where the appeal is dismissed, the authority immediately informs the court that it intends to apply for leave to appeal to the F3 Supreme Court ;
c
d
when there is no further step that can be taken by the authority which issued the Part 1 warrant in relation to the appeal (ignoring any power of a court to grant leave to take a step out of time).
F55
The preceding provisions of this section do not apply to Scotland.
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))