Part 2 U.K.Extradition to category 2 territories

Commencement Information

I1 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))

Appeals U.K.

Commencement Information

I2 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))

[F1 115ADetention pending conclusion of certain appeals under section 114 U.K.

(1) This section applies if—

(a) on an appeal under section 103 or 108 the High Court orders the person's discharge;

(b) immediately after it does so, the court is informed on behalf of the category 2 territory of an intention to appeal under section 114.

(2) The court must remand the person in custody or on bail while the appeal is pending.

(3) If the court remands the person in custody it may later grant bail.

(4) An appeal under section 114 ceases to be pending at the earliest of these times—

(a) when the proceedings on the appeal are discontinued;

(b) at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the House of Lords against the decision of the High Court on the appeal under section 103 or 108 is granted, if no appeal to the House of Lords is brought before the end of that period;

(c) 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).

(5) The preceding provisions of this section do not apply to Scotland.]

Textual Amendments

F1 S. 115A inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 8(13); S.I. 2006/3364, art. 2(d)(e)