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1042
Uluslararası Adli İşbirliği
30- Detention pending conclusion of appeal under section 28
(1) This section applies if immediately after the judge orders the person’s discharge the judge
is informed by the authority which issued the Part 1 warrant that it intends to appeal under sec-
tion 28.
(2) The judge must remand the person in custody or on bail while the appeal is pending.
(3) If the judge remands the person in custody he may later grant bail.
(4) An appeal under section 28 ceases to be pending at the earliest of these times—
(a) when the proceedings on the appeal are discontinued;
(b) when the High Court dismisses the appeal, if the authority does not immediately
inform the court that it intends to apply for leave to appeal to the House of Lords;
(c) 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 is
granted;
(d) when there is no further step that can be taken by the authority which issued the
Part 1 warrant 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 apply to Scotland with these modifications—
(a) in subsection (4)(b) omit the words from“if” to the end;
(b) omit subsection (4)(c).
31- Appeal to High Court: time limit for start of hearing
(1) Rules of court must prescribe the period (the relevant period) within which the High Court
must begin to hear an appeal under section 26 or 28.
(2) Rules of court must provide for the relevant period to start with the date on which the
person in respect of whom a Part 1 warrant is issued—
(a) was arrested under section 5, if he was arrested under that section;
(b) was arrested under the Part 1 warrant, if he was not arrested under section 5.
(3) The High Court must begin to hear the appeal before the end of the relevant period.
(4) The High Court may extend the relevant period if it believes it to be in the interests of jus-
tice to do so; and this subsection may apply more than once.