PART 17EXTRADITION

SECTION 3: APPEAL TO THE HIGH COURT

Discontinuing an appeal17.24.

(1)

This rule applies where—

(a)

an appellant has served an appeal notice under rule 17.19;

(b)

the High Court has given permission to appeal to the High Court; and

(c)

the court has not determined the appeal.

(2)

If the appellant wants to discontinue the appeal, the appellant must notify—

(a)

the High Court officer;

(b)

the respondent;

(c)

the Director of Public Prosecutions, unless the Director already has the conduct of the proceedings; and

(d)

any other person on whom the appellant served the appeal notice.

(3)

The parties to the appeal must serve on the High Court officer—

(a)

a joint notice consenting to the dismissal of the appeal; and

(b)

a joint notice of any agreement between the parties about costs.

(4)

Where a defendant who is on bail pending appeal discontinues that appeal—

(a)

the defendant must surrender to custody as directed by the magistrates’ court officer; and

(b)

any conditions of bail apply until then.

[Note. See sections 36 and 118 of the Extradition Act 2003303.

The Practice Direction sets out a form of notice of discontinuance for use in connection with this rule.

Part 76 contains rules about costs.]