SECTION 1: GENERAL RULES
When this Part applies
50.1.—(1) This Part applies to extradition under Part 1 or Part 2 of the Extradition Act 2003(1).
(2) Section 2 of this Part applies to proceedings in a magistrates’ court, and in that Section—
(a)rules 50.3 to 50.7, 50.15 and 50.16 apply to extradition under Part 1 of the Act;
(b)rules 50.3, 50.4 and 50.8 to 50.16 apply to extradition under Part 2 of the Act.
(3) Section 3 of this Part applies where—
(a)a party wants to appeal to the High Court against an order by the magistrates’ court or by the Secretary of State;
(b)a party to an appeal to the High Court wants to appeal further to the Supreme Court under—
(i)section 32 of the Act (appeal under Part 1 of the Act), or
(ii)section 114 of the Act (appeal under Part 2 of the Act).
[Note. The Extradition Act 2003 provides for the extradition of a person accused or convicted of a crime to the territory within which that person is accused or was convicted.
Under Part 1 of the Act (sections 1 to 68), the magistrates’ court may give effect to a warrant for arrest issued by an authority in a territory designated for the purposes of that Part, including a Member State of the European Union.
Under Part 2 of the Act (sections 69 to 141), the magistrates’ court and the Secretary of State may give effect to a request for extradition made under a treaty between the United Kingdom and the requesting territory.
There are rights of appeal to the High Court from decisions of the magistrates’ court and of the Secretary of State: see Section 3 of this Part.]
Meaning of ‘ magistrates’ court’, ‘presenting officer’ and ‘defendant’
50.2. In this Part, and for the purposes of this Part in other rules—
(a)‘magistrates’ court’ means a District Judge (Magistrates’ Courts) exercising the powers to which Section 2 of this Part applies;
(b)‘presenting officer’ means an officer of the National Crime Agency, a police officer, a prosecutor or other person representing an authority or territory seeking the extradition of a defendant;
(c)‘defendant’ means a person arrested under Part 1 or Part 2 of the Extradition Act 2003.
[Note. Under sections 67 and 139 of the Extradition Act 2003(2), a District Judge (Magistrates’ Courts) must be designated for the purposes of the Act to exercise the powers to which Section 2 of this Part applies.]
2003 c. 41; sections 67 and 139 were amended by section 15 of, and paragraphs 352 and 353 of Schedule 4 to, the Constitutional Reform Act 2005 (c. 4) and section 42 of, and paragraph 15 of Schedule 13 to, the Police and Justice Act 2006 (c. 48).