The Extradition Appeals (England and Wales and Northern Ireland) Order 2013

• Citation: S.I. 2013/2384
• Sections: 4

Section 1 Citation, commencement and extent

This Order—

(a) may be cited as the Extradition Appeals (England and Wales and Northern Ireland) Order 2013;

(b) comes into force on 14th October 2013; and

(c) extends to England and Wales and Northern Ireland.

Section 2 Interpretation

In this Order, “section 108 human rights appeal” means—

(a) an appeal brought—

(i) in accordance with section 108(4) of the Extradition Act 2003 if, or to the extent that, it is an appeal against an order by the Secretary of State for a person’s extradition on the grounds that the extradition would not be compatible with the Convention Rights within the meaning of the Human Rights Act 1998 ; and

(ii) in circumstances where the Secretary of State was precluded from considering that question by section 70(11) of the Extradition Act 2003 ; or

(b) an appeal brought in accordance with section 108(5) and (6) of the Extradition Act 2003 .

Section 3 Modification of the Extradition Act 2003

(1) The Extradition Act 2003 is modified as follows.

(2) Subsections (2) to (4) of section 109 of the Extradition Act 2003 do not apply to a section 108 human rights appeal.

Section 4 Transitional provision

In a case where notice of a section 108 human rights appeal has been given before the coming into force of this Order but that appeal has not yet been allowed or dismissed by the High Court, the modification made by this Order applies to that appeal.