The Civil Procedure Rules 1998

Extradition

Rule 12A—(1) Rules 5 and 6 of this Order shall apply to appeals by case stated under—

(a) section 7 of the Criminal Justice Act 1988(1); and

(b) section 7A of the Fugitive Offenders Act 1967(2), as they apply to appeals by case stated from a Magistrates' Court and references in those rules to appellant and respondent shall be construed as references to the requesting state and the person whose surrender is sought respectively.

(2) An application for an order under either of the sections mentioned in paragraph (1) or under Section 2A of the Backing of Warrants (Republic of Ireland) Act 1965(3) requiring a Court to state a case shall be made in accordance with rule 8 of this Order the references in that rule to a tribunal and the secretary of a tribunal being construed for this purpose as references to the Court and the Clerk of the Court respectively.

(1)

1988 c. 33.

(2)

1967 c. 68.

(3)

1965 c. 45. Section 2A was inserted by the Criminal Justice Act 1988 (c. 33) section 1(9), schedule 1, Part II, paragraph 5 and continues to have effect notwithstanding repeal of that section by virtue of the Extradition Act 1989 (c. 33), section 37(5).