I3Part 2Extradition to category 2 territories
I2Appeals
Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
107I1Detention pending conclusion of appeal under section 105
1
This section applies if immediately after the judge orders the person’s discharge the judge is informed on behalf of the category 2 territory of an intention to appeal under section 105.
2
The judge must remand the person in custody or on bail while the appeal is pending.
3
F1If the person is remanded in custody, the appropriate judge may later grant bail.
4
An appeal under section 105 ceases to be pending at the earliest of these times—
a
when the proceedings on the appeal are discontinued;
F2b
when the High Court—
i
allows the appeal,
ii
makes a direction under section 106(1)(b), or
iii
dismisses the appeal,
unless, where the appeal is dismissed, the court is immediately informed on behalf of the category 2 territory of an intention to apply for leave to appeal to the F3 Supreme Court ;
c
d
when there is no further step that can be taken on behalf of the category 2 territory in relation to the appeal (ignoring any power of a court to grant leave to take a step out of time).
F55
The preceding provisions of this section do not apply to Scotland.
Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))