PART 50EXTRADITION
DISCHARGE AFTER FAILURE TO COMPLY WITH A TIME LIMIT
Defendant’s application to be dischargedI150.16
1
This rule applies where a defendant wants to be discharged—
a
because of a failure—
i
to give the defendant a copy of any warrant under which the defendant is arrested as soon as practicable after arrest,
ii
to bring the defendant before the court as soon as practicable after arrest under a warrant, F4...
iii
to bring the defendant before the court no more than 48 hours after provisional arrest under Part 1 of the Extradition Act 2003;
F6iv
to give the defendant a copy of any certificate enabling provisional arrest without a warrant under section 74A of the 2003 Act as soon as practicable after arrest, or
v
to bring the defendant before the court as soon as practicable after arrest under that section;
F5b
because of a defect in a certificate enabling arrest without a warrant under section 74A of the 2003 Act;
c
because there were no reasonable grounds on which there could have been issued a certificate enabling arrest without a warrant under section 74A of the 2003 Act;
F2d
following the expiry of a time limit for—
i
service of a warrant to which Part 1 of the 2003 Act applies, after provisional arrest under that Part of the Act (48 hours, under section 6 of the Act1268, unless the court otherwise directs),
ii
service of an extradition request to which Part 2 of the Act applies, after provisional arrest under that Part of the Act (45 days, under section 74 of the Act1269, unless the Secretary of State has otherwise ordered for this purpose),
iii
receipt of an undertaking that the defendant will be returned to complete a sentence in the United Kingdom, where the court required such an undertaking (21 days, under section 37 of the Act1270),
iv
making an extradition order, after the defendant has consented to extradition under Part 1 of the Act (10 days, under section 46 of the Act1271),
v
extradition, where an extradition order has been made under Part 1 of the Act and any appeal by the defendant has failed (10 days, under sections 35, 36 and 47 of the Act1272, unless the court otherwise directs),
vi
extradition, where an extradition order has been made under Part 2 of the Act and any appeal by the defendant has failed (28 days, under sections 117 and 118 of the Act1273),
vii
the resumption of extradition proceedings, where those proceedings were adjourned pending disposal of another extradition claim which has concluded (21 days, under section 180 of the Act),
viii
extradition, where extradition has been deferred pending the disposal of another extradition claim which has concluded (21 days, under section 181 of the Act), or
ix
re-extradition, where the defendant has been returned to the United Kingdom to serve a sentence before serving a sentence overseas (as soon as practicable, under section 187 of the Act1274); or
F3e
because an extradition hearing does not begin on the date arranged by the court.
2
Unless the court otherwise directs—
a
such a defendant must apply in writing and serve the application on—
i
the magistrates’ court officer,
ii
the High Court officer, where paragraph F7(1)(d)(v) applies, and
iii
the prosecutor;
b
the application must explain the grounds on which it is made; and
c
the court officer must arrange a hearing as soon as practicable, and in any event no later than the second business day after an application is served.