Basic HTML Version
1101
Kanunları ve Tercümeleri
ge under this Part the Secretary of State is informed on behalf of the category 2 territory of an
intention to appeal under section 110.
(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 110 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 court is not immediately informed
on behalf of the category 2 territory of an intention 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 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 apply to Scotland with these modifications—
(a) in subsection (4)(b) omit the words from“if” to the end;
(b) omit subsection (4)(c).
113- 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 103, 105, 108 or 110.
(2) The High Court must begin to hear the appeal before the end of the relevant period.
(3) 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.
(4) The power in subsection (3) may be exercised even after the end of the relevant period.
(5) If subsection (2) is not complied with and the appeal is under section 103 or 108—
(a) the appeal must be taken to have been allowed by a decision of the High Court;
(b) the person whose extradition has been ordered must be taken to have been disc-
harged by the High Court;