Section 38: Extradition following deferral for competing claim
114.This section applies where a person's extradition has been ordered under Part 1 but deferred, in the event of a competing Part 1 warrant or category 2 extradition request, and the judge subsequently orders that extradition to go ahead under section 181 (subsection (1)). However, this does not apply if the original order for the person's extradition was made under section 46 or 48 after he had consented to his extradition (subsection (2)).
115.Where these circumstances occur and no appeal is made (see section 35, extradition where no appeal), the 10-day period described in section 35 begins on the day the judge makes the order under section 181 (subsection (3)). Where this situation occurs and there is an appeal (see section 36, extradition following appeal), the 10 days start from the day that the appeal decision becomes final or, if later, the day the judge makes the order under section 181 (subsection (4)).
