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660 provisions
50.13 Extradition hearing
(1) This rule applies at the extradition hearing directed under rule 50.9 or rule 50.12.
(2) In the following sequence, the court must decide—
(a) whether the documents served on the court officer by the Secretary of State include—
(i) those listed in rule 50.8(1) or rule 50.12(1), as the case may be,
(ii) particulars of the person whose extradition is requested,
(iii) particulars of the offence specified in the request, and
(iv) as the case may be, a warrant for the defendant’s arrest, or a certificate of the defendant’s conviction and (if applicable) sentence, issued in the requesting territory;
(b) whether the defendant is the person whose extradition is requested;
(c) whether the offence specified in the request is an extradition offence;
(d) whether the documents served on the court officer by the Secretary of State have been served also on the defendant;
(e) whether a bar to extradition applies, namely—
(i) the rule against double jeopardy,
(ii) extraneous considerations,
(iii) the passage of time,
(iv) hostage-taking considerations, or
(v) forum;
(f) where the request accuses the defendant of an offence, whether there is evidence which would be sufficient to make a case requiring an answer by the defendant if the extradition proceedings were a trial (unless the Secretary of State has otherwise ordered, for this purpose);
(g) where the request accuses the defendant of being unlawfully at large after conviction, whether the defendant was—
(i) convicted in his or her presence, or
(ii) absent deliberately;
(h) where the request accuses the defendant of being unlawfully at large after conviction, and the defendant was absent but not deliberately—
(i) whether the defendant would be entitled to a retrial (or to a review of the conviction amounting to a retrial), and
(ii) if so, whether there is evidence which would be sufficient to make a case requiring an answer by the defendant if the extradition proceedings were a trial (unless the Secretary of State has otherwise ordered, for this purpose);
(i) whether extradition would be compatible with the defendant’s human rights;
(j) whether it would be unjust or oppressive to extradite the defendant because of his or her physical or mental condition; and
(k) after deciding each of (a) to (j) above, before progressing to the next, whether to order the defendant’s discharge.
(3) If the court discharges the defendant, the court must consider any ancillary application, including an application about—
(a) reporting restrictions; or
(b) costs.
(4) If the court does not discharge the defendant, the court must—
(a) exercise its power to send the case to the Secretary of State to decide whether to extradite the defendant;
(b) explain, in terms the defendant can understand (with help, if necessary), that—
(i) the defendant may appeal to the High Court not more than 14 days after being informed of the Secretary of State’s decision, and
(ii) any such appeal brought before the Secretary of State’s decision has been made will not be heard until after that decision; and
(c) consider any ancillary application, including an application about—
(i) bail pending extradition,
(ii) reporting restrictions, or
(iii) costs.
(5) If the Secretary of State orders the defendant’s extradition, the court must order its postponement where—
(a) the defendant has been charged with an offence in the United Kingdom; or
(b) the defendant has been sentenced to imprisonment or detention in the United Kingdom.
[Note. See sections 78, 79, 84, 85, 86, 87, 91, 92, 137 and 138 of the Extradition Act 2003.
Part 6 contains rules about reporting restrictions. Part 45 contains rules about costs.]
50.14 Discharge where extradition request withdrawn
(1) This rule applies where the Secretary of State gives the court officer notice that the extradition request has been withdrawn—
(a) after the start of the hearing under rule 50.9 or 50.11; and
(b) before the court—
(i) sends the case to the Secretary of State to decide whether to extradite the defendant, or
(ii) discharges the defendant.
(2) The court must exercise its power to discharge the defendant.
[Note. See section 122 of the Extradition Act 2003.]
(1) Where a party wants to introduce evidence at an extradition hearing under the law that would apply if that hearing were a trial, the relevant Part of these Rules applies with such adaptations as the court directs.
(2) If the court admits as evidence the written statement of a witness—
(a) each relevant part of the statement must be read or summarised aloud; or
(b) the court must read the statement and its gist must be summarised aloud.
(3) If a party introduces in evidence a fact admitted by another party, or the parties jointly admit a fact, a written record must be made of the admission.
[Note. The admissibility of evidence that a party introduces is governed by rules of evidence.
Under section 202 of the Extradition Act 2003, the court may receive in evidence—
(a) a warrant to which Part 1 of the Act applies;
(b) any other document issued in a territory to which Part 1 of the Act applies, if the document is authenticated as required by the Act;
(c) a document issued in a territory to which Part 2 of the Act applies, if the document is authenticated as required by the Act.
Under sections 84 and 86 of the Act, which apply to evidence, if required, at an extradition hearing to which Part 2 of the Act applies, the court may accept as evidence of a fact a statement by a person in a document if oral evidence by that person of that fact would be admissible, and the statement was made to a police officer, or to someone else responsible for investigating offences or charging offenders.
Under section 205 of the Act, section 9 (proof by written witness statement) and section 10 (proof by formal admission) of the Criminal Justice Act 1967 apply to extradition proceedings as they apply in relation to proceedings for an offence.]
(1) This rule applies where a defendant wants to be discharged—
(a) because of a failure—
(i) to give the defendant a copy of any warrant under which the defendant is arrested as soon as practicable after arrest,
(ii) to bring the defendant before the court as soon as practicable after arrest under a warrant,
(iii) to bring the defendant before the court no more than 48 hours after provisional arrest under Part 1 of the Extradition Act 2003,
(iv) to give the defendant a copy of any certificate enabling provisional arrest without a warrant under section 74A of the 2003 Act as soon as practicable after arrest, or
(v) to bring the defendant before the court as soon as practicable after arrest under that section;
(b) because of a defect in a certificate enabling arrest without a warrant under section 74A of the 2003 Act;
(c) because there were no reasonable grounds on which there could have been issued a certificate enabling arrest without a warrant under section 74A of the 2003 Act;
(d) following the expiry of a time limit for—
(i) service of a warrant to which Part 1 of the 2003 Act applies, after provisional arrest under that Part of the Act (48 hours, under section 6 of the Act, unless the court otherwise directs),
(ii) service of an extradition request to which Part 2 of the Act applies, after provisional arrest under that Part of the Act (45 days, under section 74 of the Act, unless the Secretary of State has otherwise ordered for this purpose),
(iii) receipt of an undertaking that the defendant will be returned to complete a sentence in the United Kingdom, where the court required such an undertaking (21 days, under section 37 of the Act),
(iv) making an extradition order, after the defendant has consented to extradition under Part 1 of the Act (10 days, under section 46 of the Act),
(v) extradition, where an extradition order has been made under Part 1 of the Act and any appeal by the defendant has failed (10 days, under sections 35, 36 and 47 of the Act, unless the court otherwise directs),
(vi) extradition, where an extradition order has been made under Part 2 of the Act and any appeal by the defendant has failed (28 days, under sections 117 and 118 of the Act),
(vii) the resumption of extradition proceedings, where those proceedings were adjourned pending disposal of another extradition claim which has concluded (21 days, under section 180 of the Act),
(viii) extradition, where extradition has been deferred pending the disposal of another extradition claim which has concluded (21 days, under section 181 of the Act), or
(ix) re-extradition, where the defendant has been returned to the United Kingdom to serve a sentence before serving a sentence overseas (as soon as practicable, under section 187 of the Act); or
(e) because an extradition hearing does not begin on the date arranged by the court.
(2) Unless the court otherwise directs—
(a) such a defendant must apply in writing and serve the application on—
(i) the magistrates’ court officer,
(ii) the High Court officer, where paragraph (1)(d)(v) applies, and
(iii) the prosecutor;
(b) the application must explain the grounds on which it is made; and
(c) the court officer must arrange a hearing as soon as practicable, and in any event no later than the second business day after an application is served.
[Note. See sections 4(4) & (5), 6(6) & (7), 8(7) & (8), 35(5), 36(8), 37(7), 46(8), 47(4), 72(5) & (6), 74(5), (6) & (10), 74D(10), 75(4),76(5), 117(3), 118(7), 180(4) & (5), 181(4) & (5) and 187(3) of the Extradition Act 2003.]
(1) The general rule is that the High Court must exercise its powers at a hearing in public, but—
(a) that is subject to any power the court has to—
(i) impose reporting restrictions,
(ii) withhold information from the public, or
(iii) order a hearing in private;
(b) despite the general rule, the court may determine without a hearing—
(i) an application for the court to consider out of time an application for permission to appeal to the High Court,
(ii) an application for permission to appeal to the High Court (but a renewed such application must be determined at a hearing),
(iii) an application for permission to appeal from the High Court to the Supreme Court,
(iv) an application for permission to reopen a decision under rule 50.27 (Reopening the determination of an appeal), or
(v) an application concerning bail; and
(c) despite the general rule the court may, without a hearing—
(i) give case management directions,
(ii) reject a notice or application and, if applicable, dismiss an application for permission to appeal, where rule 50.31 (Payment of High Court fees) applies and the party who served the notice or application fails to comply with that rule, or
(iii) make a determination to which the parties have agreed in writing.
(2) If the High Court so directs, a party may attend a hearing by live link.
(3) The general rule is that where the High Court exercises its powers at a hearing it may do so only if the defendant attends, in person or by live link, but, despite the general rule, the court may exercise its powers in the defendant’s absence if—
(a) the defendant waives the right to attend;
(b) subject to any appeal to the Supreme Court, the result of the court’s order would be the discharge of the defendant; or
(c) the defendant is represented and—
(i) the defendant is in custody, or
(ii) the defendant’s presence is impracticable by reason of his or her ill health or disorderly conduct.
(4) If the High Court gives permission to appeal to the High Court—
(a) unless the court otherwise directs, the decision indicates that the appellant has permission to appeal on every ground identified by the appeal notice;
(b) unless the court otherwise directs, the decision indicates that the court finds reasonably arguable each ground on which the appellant has permission to appeal; and
(c) the court must give such directions as are required for the preparation and conduct of the appeal, including a direction as to whether the appeal must be heard by a single judge of the High Court or by a divisional court.
(5) If the High Court decides without a hearing an application for permission to appeal from the High Court to the Supreme Court, the High Court must announce its decision at a hearing in public.
(6) The High Court may—
(a) shorten a time limit or extend it (even after it has expired), unless that is inconsistent with other legislation;
(b) allow or require a party to vary or supplement a notice that that party has served;
(c) direct that a notice or application be served on any person; and
(d) allow a notice or application to be in a different form to one issued under the Practice Direction, or to be presented orally.
(7) A party who wants an extension of time within which to serve a notice or make an application must—
(a) apply for that extension of time when serving that notice or making that application; and
(b) give the reasons for the application for an extension of time.
[Note. The time limits for serving an appeal notice are prescribed by the Extradition Act 2003: see rule 50.19.]
(1) The High Court and the parties have the same duties and powers as under Part 3 (Case management), subject to—
(a) rule 50.2 (Special objective in extradition proceedings); and
(b) paragraph (3) of this rule.
(2) A master of the High Court, a deputy master, or a court officer nominated for the purpose by the Lord Chief Justice—
(a) must fulfil the duty of active case management under rule 3.2, and in fulfilling that duty may exercise any of the powers of case management under—
(i) rule 3.5 (the court’s general powers of case management),
(ii) rule 3.12(3) (requiring a certificate of readiness), and
(iii) rule 3.13 (requiring a party to identify intentions and anticipated requirements),
subject to the directions of a judge of the High Court; and
(b) must nominate a case progression officer under rule 3.4.
(3) Rule 3.6 (Application to vary a direction) does not apply to a decision to give or to refuse—
(a) permission to appeal; or
(b) permission to reopen a decision under rule 50.27 (Reopening the determination of an appeal).
(1) A party who wants to appeal to the High Court must serve an appeal notice on—
(a) in every case—
(i) the High Court officer,
(ii) the other party, and
(iii) the Director of Public Prosecutions, unless the Director already has the conduct of the proceedings;
(b) the designated authority which certified the arrest warrant, where Part 1 of the Extradition Act 2003 applies; and
(c) the Secretary of State, where the appeal is against—
(i) an order by the Secretary of State, or
(ii) an order by the magistrates’ court sending a case to the Secretary of State.
(2) A defendant who wants to appeal must serve the appeal notice—
(a) not more than 7 days after the day on which the magistrates’ court makes an order for the defendant’s extradition, starting with that day, where that order is under Part 1 of the Extradition Act 2003; or
(b) not more than 14 days after the day on which the Secretary of State informs the defendant of the Secretary of State’s decision, starting with that day, where under Part 2 of the Act—
(i) the magistrates’ court sends the case to the Secretary of State for a decision whether to extradite the defendant, or
(ii) the Secretary of State orders the defendant’s extradition.
(3) An authority or territory seeking the defendant’s extradition which wants to appeal against an order for the defendant’s discharge must serve the appeal notice—
(a) not more than 7 days after the day on which the magistrates’ court makes that order, starting with that day, if the order is under Part 1 of the Extradition Act 2003;
(b) not more than 14 days after the day on which the magistrates’ court makes that order, starting with that day, if the order is under Part 2 of the Act; or
(c) not more than 14 days after the day on which the Secretary of State informs the territory’s representative of the Secretary of State’s order, starting with that day, where the order is under Part 2 of the Act.
[Note. See sections 26, 28, 103, 105, 108 and 110 of the Extradition Act 2003. The time limits for serving an appeal notice are prescribed by those sections. They may be neither shortened nor extended, but—
(a) if a defendant applies out of time for permission to appeal to the High Court the court must not for that reason refuse to consider the application if the defendant did everything reasonably possible to ensure that the notice was given as soon as it could be;
(b) a defendant may apply out of time for permission to appeal to the High Court on human rights grounds against an order for extradition made by the Secretary of State; and
(c) where the time for appeal otherwise would expire at a weekend or on a public holiday it is treated as expiring at the end of the next business day.
Under section 3 of the Prosecution of Offences Act 1985, the Director of Public Prosecutions may conduct extradition proceedings (but need not do so).]
(1) An appeal notice constitutes—
(a) an application to the High Court for permission to appeal to that court; and
(b) an appeal to that court, if the court gives permission.
(2) In every case, the appeal notice must—
(a) specify—
(i) the date of the defendant’s arrest under Part 1 or Part 2 of the Extradition Act 2003, and
(ii) the decision about which the appellant wants to appeal, including the date of that decision;
(b) identify each ground of appeal on which the appellant relies;
(c) summarise the relevant facts;
(d) include or attach a copy of—
(i) the warrant or the request for the defendant’s extradition,
(ii) any material served by the authority or territory requesting the defendant’s extradition in support of the warrant or the request,
(iii) the reasons for the decision about which the appellant wants to appeal, or a note of those reasons agreed between the parties and approved by the magistrates’ court, and
(iv) any other document or material on which the appellant relies; and
(e) include or attach a list of those on whom the appellant has served the appeal notice.
(3) If an appeal notice omits information, a document or material required by paragraph (2), then unless the High Court otherwise directs—
(a) the High Court officer must serve on the appellant a notice—
(i) identifying the omission or omissions, and
(ii) requiring the supply of the missing information, document or material within a period specified in the notice;
(b) the appellant must comply with that requirement; and
(c) if within the period specified in the notice the missing information, document or material has not been supplied, the High Court may exercise its power—
(i) to reject the appeal notice, and
(ii) to dismiss the application for permission to appeal in consequence of that rejection.
(4) If a defendant serves an appeal notice after the expiry of the time limit specified in rule 50.19 (Service of appeal notice)—
(a) the notice must—
(i) explain what the defendant did to ensure that it was served as soon as it could be, and
(ii) include or attach such evidence as the defendant relies upon to support that explanation; and
(b) where the appeal is on human rights grounds against an order for extradition made by the Secretary of State, the notice must explain why—
(i) the appeal is necessary to avoid real injustice, and
(ii) the circumstances are exceptional and make it appropriate to consider the appeal.
(5) Unless the High Court otherwise directs, the appellant may amend the appeal notice—
(a) by serving on those listed in rule 50.19(1) the appeal notice as so amended; and
(b) not more than 10 business days after service of the appeal notice.
(6) Where the appeal is against an order by the magistrates’ court—
(a) if the grounds of appeal are that the magistrates’ court ought to have decided differently a question of fact or law at the extradition hearing, the appeal notice must—
(i) identify that question,
(ii) explain what decision the magistrates’ court should have made, and why, and
(iii) explain why the magistrates’ court would have been required not to make the order under appeal, if that question had been decided differently; and
(b) if the grounds of appeal are that there is an issue which was not raised at the extradition hearing, or that evidence is available which was not available at the extradition hearing, the appeal notice must—
(i) identify that issue or evidence,
(ii) explain why it was not then raised or available,
(iii) explain why that issue or evidence would have resulted in the magistrates’ court deciding a question differently at the extradition hearing, and
(iv) explain why, if the court had decided that question differently, the court would have been required not to make the order it made.
(7) Where the appeal is against an order by the Secretary of State—
(a) if the grounds of appeal are that the Secretary of State ought to have decided differently a question of fact or law, the appeal notice must—
(i) identify that question,
(ii) explain what decision the Secretary of State should have made, and why, and
(iii) explain why the Secretary of State would have been required not to make the order under appeal, if that question had been decided differently; and
(b) if the grounds of appeal are that there is an issue which was not raised when the case was being considered by the Secretary of State, or that information is available which was not then available, the appeal notice must—
(i) identify that issue or information,
(ii) explain why it was not then raised or available,
(iii) explain why that issue or information would have resulted in the Secretary of State deciding a question differently, and
(iv) explain why, if the Secretary of State had decided that question differently, the order under appeal would not have been made.
(1) A party on whom an appellant serves an appeal notice under rule 50.19 may serve a respondent’s notice, and must do so if—
(a) that party wants to make representations to the High Court; or
(b) the court so directs.
(2) Such a party must serve any such notice on—
(a) the High Court officer;
(b) the appellant;
(c) the Director of Public Prosecutions, unless the Director already has the conduct of the proceedings; and
(d) any other person on whom the appellant served the appeal notice.
(3) Such a party must serve any such notice, as appropriate—
(a) not more than 10 business days after—
(i) service on that party of an amended appeal notice under rule 50.20(5) (Form of appeal notice), or
(ii) the expiry of the time for service of any such amended appeal notice
whichever of those events happens first; and
(b) not more than 5 business days after service on that party of—
(i) an appellant’s notice renewing an application for permission to appeal, or
(ii) a direction to serve a respondent’s notice.
(4) A respondent’s notice must—
(a) give the date or dates on which the respondent was served with, as appropriate—
(i) the appeal notice,
(ii) the appellant’s notice renewing the application for permission to appeal, or
(iii) the direction to serve a respondent’s notice;
(b) identify each ground of opposition on which the respondent relies and the ground of appeal to which each such ground of opposition relates;
(c) summarise any relevant facts not already summarised in the appeal notice; and
(d) identify any document or other material that the respondent thinks the court will need to decide the appeal.
[Note. Under rule 50.17, the High Court may extend or shorten the time limit under this rule.]
50.22 Renewing an application for permission to appeal, restoring excluded grounds, etc.
(1) This rule—
(a) applies where the High Court—
(i) refuses permission to appeal to the High Court, or
(ii) gives permission to appeal to the High Court but not on every ground identified by the appeal notice; but
(b) does not apply where—
(i) a defendant applies out of time for permission to appeal to the High Court, and
(ii) the court for that reason refuses to consider that application.
(2) Unless the court refuses permission to appeal at a hearing, the appellant may renew the application for permission by serving notice on—
(a) the High Court officer;
(b) the respondent; and
(c) any other person on whom the appellant served the appeal notice,
not more than 5 business days after service of notice of the court’s decision on the appellant.
(3) If the court refuses permission to appeal, the renewal notice must explain the grounds for the renewal.
(4) If the court gives permission to appeal but not on every ground identified by the appeal notice the decision indicates that—
(a) at the hearing of the appeal the court will not consider representations that address any ground thus excluded from argument; and
(b) an appellant who wants to rely on such an excluded ground needs the court’s permission to do so.
(5) An appellant who wants to rely at the hearing of an appeal on a ground of appeal excluded from argument must—
(a) apply in writing, with reasons, and identify each such ground;
(b) serve the application on—
(i) the High Court officer, and
(ii) the respondent; and
(c) serve the application not more than 5 business days after—
(i) the giving of permission to appeal, or
(ii) the High Court officer serves notice of that decision on the applicant, if the applicant was not present in person or by live link when permission to appeal was given.
(6) Paragraph (7) applies where a party wants to abandon—
(a) a ground of appeal on which that party has permission to appeal; or
(b) a ground of opposition identified in a respondent’s notice.
(7) Such a party must serve notice on—
(a) the High Court officer; and
(b) each other party,
before any hearing at which that ground will be considered by the court.
[Note. Under rule 50.17 (Exercise of the High Court’s powers), the High Court may extend or shorten the time limits under this rule.
Rule 50.19 (Service of appeal notice) and the note to that rule set out the time limits for appeal.]
(1) Unless the High Court otherwise directs, where the appeal to the High Court is under Part 1 of the Extradition Act 2003 the hearing of the appeal must begin within 40 days starting with the defendant’s arrest.
(2) Unless the High Court otherwise directs, where the appeal to the High Court is under Part 2 of the 2003 Act the hearing of the appeal must begin within 76 days starting with the later of—
(a) service of the appeal notice; or
(b) the day on which the Secretary of State informs the defendant of the Secretary of State’s order, in a case in which—
(i) the appeal is by the defendant against an order by the magistrates’ court sending the case to the Secretary of State, and
(ii) the appeal notice is served before the Secretary of State decides whether the defendant should be extradited.
(3) If the effect of the decision of the High Court on the appeal is that the defendant is to be extradited—
(a) the High Court must consider any ancillary application, including an application about—
(i) bail pending extradition,
(ii) reporting restrictions, or
(iii) costs; and
(b) a reference to “the appropriate judge”, in whichever of sections 36B, 36C, 118C or 118D of the 2003 Act applies, has effect as if it were a reference to the High Court.
(4) If the effect of the decision of the High Court on the appeal is that the defendant is discharged, the High Court must consider any ancillary application, including an application about—
(a) reporting restrictions; or
(b) costs.
Note. Under sections 31 and 113 of the Extradition Act 2003, if the appeal hearing does not begin within the period prescribed by this rule or ordered by the High Court the appeal must be taken to have been dismissed by a decision of the High Court. See also sections 36 and 118 of the Act.
Under section 103(5) of the 2003 Act, a defendant’s appeal against an order by the magistrates’ court sending the case to the Secretary of State must not be heard until after the Secretary of State has decided whether to order the defendant’s extradition.
Part 6 contains rules about reporting restrictions. Part 45 contains rules about costs.
Under sections 36B, 36C, 118C and 118D of the 2003 Act, where there is an appeal against an extradition order rules may provide that the appeal court has the obligations and powers conferred by whichever of those sections applies. Those obligations and powers concern postponement of extradition where the defendant has been charged with an offence, or sentenced to imprisonment or another form of detention, in the United Kingdom.]
50.24 Early termination of appeal: order by consent, etc.
(1) This rule applies where—
(a) an appellant has served an appeal notice under rule 50.19; and
(b) the High Court—
(i) has not determined the application for permission to appeal, or
(ii) where the court has given permission to appeal, has not determined the appeal.
(2) Where the warrant or extradition request with which the appeal is concerned is withdrawn—
(a) the party or person so informing the court must serve on the High Court officer—
(i) notice to that effect by the authority or territory requesting the defendant’s extradition,
(ii) details of how much of the warrant or extradition request remains outstanding, if any, and of any other warrant or extradition request outstanding in respect of the defendant,
(iii) details of any bail condition to which the defendant is subject, if the defendant is on bail, and
(iv) details sufficient to locate the defendant, including details of the custodian and of the defendant’s date of birth and custody reference, if the defendant is in custody; and
(b) paragraph (5) applies but only to the extent that the parties want the court to deal with an ancillary matter.
(3) Where a defendant with whose discharge the appeal is concerned consents to extradition, paragraph (5) applies but only to the extent that the parties want the court to—
(a) give directions for that consent to be given to the magistrates’ court or to the Secretary of State, as the case may be; or
(b) deal with an ancillary matter.
(4) Paragraph (5) applies where the parties want the court to make a decision on which they are agreed—
(a) determining the application for permission to appeal or the appeal, as the case may be;
(b) specifying the date on which that application or appeal is to be treated as discontinued; and
(c) determining an ancillary matter, including costs, if applicable.
(5) The parties must serve on the High Court officer, in one or more documents—
(a) a draft order in the terms proposed;
(b) evidence of each party’s agreement to those terms; and
(c) concise reasons for the request that the court make the proposed order.
[Note. Under sections 42 and 124 of the Extradition Act 2003, where an appeal is pending in the High Court and the court is informed that the relevant warrant or extradition request has been withdrawn the court must—
(a) order the defendant’s discharge and quash the extradition order or decision, where the defendant has appealed against extradition;
(b) dismiss the application for permission to appeal or the appeal, as the case may be, where the authority or territory requesting the defendant’s extradition has appealed against the defendant’s discharge.
Under sections 45 and 127 of the 2003 Act, a defendant in respect of whom no extradition order or decision has been made may give consent to extradition in the magistrates’ court, or may give such consent to the Secretary of State if the case has been sent there.
Where the effect of the High Court’s decision is that the defendant is to be extradited, sections 36 and 118 of the Act set time limits for extradition after the end of the case.
Part 45 contains rules about costs.]
50.25 Application for permission to appeal to the Supreme Court
(1) This rule applies where a party to an appeal to the High Court wants to appeal to the Supreme Court.
(2) Such a party must—
(a) apply orally to the High Court for permission to appeal immediately after the court’s decision; or
(b) apply in writing and serve the application on the High Court officer and every other party not more than 14 days after that decision.
(3) Such a party must—
(a) identify the point of law of general public importance that the appellant wants the High Court to certify is involved in the decision;
(b) serve on the High Court officer a statement of that point of law; and
(c) give reasons why—
(i) that point of law ought to be considered by the Supreme Court, and
(ii) the High Court ought to give permission to appeal.
(4) As well as complying with paragraph (3), a defendant’s application for permission to appeal to the Supreme Court must include or attach any application for the following, with reasons—
(a) bail pending appeal; or
(b) permission to attend any hearing in the Supreme Court, if the appellant is in custody.
[Note. See sections 32 and 114 of the Extradition Act 2003. Those sections prescribe the time limit for serving an application for permission to appeal to the Supreme Court. It may be neither shortened nor extended.]
50.26 Determination of detention pending appeal to the Supreme Court against discharge
On an application for permission to appeal to the Supreme Court against a decision of the High Court which, but for that appeal, would have resulted in the defendant’s discharge, the High Court must—
(a) decide whether to order the detention of the defendant; and
(b) determine any application for—
(i) bail pending appeal,
(ii) permission to attend any hearing in the Supreme Court, or
(iii) a representation order.
[Note. See sections 33A and 115A of the Extradition Act 2003.
For the grant of legal aid for proceedings in the Supreme Court, see sections 14, 16 and 19 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.]
(1) This rule applies where a party wants the High Court to reopen a decision of that court which determines an appeal or an application for permission to appeal.
(2) Such a party must—
(a) apply in writing for permission to reopen that decision, as soon as practicable after becoming aware of the grounds for doing so; and
(b) serve the application on the High Court officer and every other party.
(3) The application must—
(a) specify the decision which the applicant wants the court to reopen; and
(b) give reasons why—
(i) it is necessary for the court to reopen that decision in order to avoid real injustice,
(ii) the circumstances are exceptional and make it appropriate to reopen the decision, and
(iii) there is no alternative effective remedy.
(4) The court must not give permission to reopen a decision unless each other party has had an opportunity to make representations.
50.28 Declaration of incompatibility with a Convention right
(1) This rule applies where a party—
(a) wants the High Court to make a declaration of incompatibility with a Convention right under section 4 of the Human Rights Act 1998; or
(b) raises an issue that appears to the High Court may lead to the court making such a declaration.
(2) If the High Court so directs, the High Court officer must serve notice on—
(a) the relevant person named in the list published under section 17(1) of the Crown Proceedings Act 1947; or
(b) the Treasury Solicitor, if it is not clear who is the relevant person.
(3) That notice must include or attach details of—
(a) the legislation affected and the Convention right concerned;
(b) the parties to the appeal; and
(c) any other information or document that the High Court thinks relevant.
(4) A person who has a right under the 1998 Act to become a party to the appeal must—
(a) serve notice on—
(i) the High Court officer, and
(ii) the other parties,
if that person wants to exercise that right; and
(b) in that notice—
(i) indicate the conclusion that that person invites the High Court to reach on the question of incompatibility, and
(ii) identify each ground for that invitation, concisely outlining the arguments in support.
(5) The High Court must not make a declaration of incompatibility—
(a) less than 15 business days after the High Court officer serves notice under paragraph (2); and
(b) without giving any person who serves a notice under paragraph (4) an opportunity to make representations at a hearing.
(1) The magistrates’ court officer must—
(a) keep any document or object exhibited in the proceedings in the magistrates’ court, or arrange for it to be kept by some other appropriate person, until—
(i) 6 weeks after the conclusion of those proceedings, or
(ii) the conclusion of any proceedings in the High Court that begin within that 6 weeks;
(b) provide the High Court with any document, object or information for which the High Court officer asks, within such period as the High Court officer may require; and
(c) arrange for the magistrates’ court to hear as soon as practicable any application to that court for bail pending appeal.
(2) A person who, under arrangements made by the magistrates’ court officer, keeps a document or object exhibited in the proceedings in the magistrates’ court must—
(a) keep that exhibit until—
(i) 6 weeks after the conclusion of those proceedings, or
(ii) the conclusion of any proceedings in the High Court that begin within that 6weeks,
unless the magistrates’ court or the High Court otherwise directs; and
(b) provide the High Court with any such document or object for which the High Court officer asks, within such period as the High Court officer may require.
(3) The High Court officer must—
(a) give as much notice as reasonably practicable of each hearing to—
(i) the parties,
(ii) the defendant’s custodian, if any, and
(iii) any other person whom the High Court requires to be notified;
(b) serve a record of each order or direction of the High Court on—
(i) the parties,
(ii) any other person whom the High Court requires to be notified;
(c) if the High Court’s decision determines an appeal or application for permission to appeal, serve a record of that decision on—
(i) the defendant’s custodian, if any,
(ii) the magistrates’ court officer, and
(iii) the designated authority which certified the arrest warrant, where Part 1 of the Extradition Act 2003 applies;
(d) where rule 50.24 applies (Early termination of appeal: order by consent, etc.), arrange for the High Court to consider the document or documents served under that rule; and
(e) treat the appeal as if it had been dismissed by the High Court where—
(i) the hearing of the appeal does not begin within the period required by rule 50.23 (Appeal hearing) or ordered by the High Court, or
(ii) on an appeal by a requesting territory under section 105 of the Extradition Act 2003, the High Court directs the magistrates’ court to decide a question again and the magistrates’ court comes to the same conclusion as it had done before.
[Note. See section 106 of the Extradition Act 2003.]
(1) A master of the High Court or a deputy master may exercise any power of the High Court to which the rules in this Section apply, except the power to—
(a) give or refuse permission to appeal;
(b) determine an appeal;
(c) reopen a decision which determines an appeal or an application for permission to appeal;
(d) grant or withhold bail; or
(e) impose or vary a condition of bail.
(2) Despite paragraph (1), such a master or deputy master may exercise one of the powers listed in paragraph (1)(a), (b), (d) or (e) if making a decision to which the parties have agreed in writing.
(3) A renewed application for permission to appeal to the High Court may be determined by—
(a) a single judge of the High Court other than the judge who first refused permission, or
(b) a divisional court.
(4) An appeal may be determined by—
(a) a single judge of the High Court; or
(b) a divisional court.
[Note. See sections 19 and 66 of the Senior Courts Act 1981.]
(1) This rule applies where a party serves on the High Court officer a notice or application in respect of which a court fee is payable under legislation that requires the payment of such a fee.
(2) Such a party must pay the fee, or satisfy the conditions for any remission of the fee, when so serving the notice or application.
(3) If such a party fails to comply with paragraph (2), then unless the High Court otherwise directs—
(a) the High Court officer must serve on that party a notice requiring payment of the fee due, or satisfaction of the conditions for any remission of that fee, within a period specified in the notice;
(b) that party must comply with such a requirement; and
(c) until the expiry of the period specified in the notice, the High Court must not exercise its power—
(i) to reject the notice or application in respect of which the fee is payable, or
(ii) to dismiss an application for permission to appeal, in consequence of rejecting an appeal notice.
[Note. Section 92 of the Courts Act 2003 and the Civil Proceedings Fees Order 2008 require the payment of High Court fees in cases to which this Section of this Part applies. Article 5 and Schedule 2 to the 2008 Order provide for the remission of such fees in some cases.]
50.32 Application for consent to deal with another offence or for consent to further extradition
(1) This rule applies where—
(a) a defendant has been extradited to a territory under Part 1 of the Extradition Act 2003; and
(b) the court officer receives from the authority designated by the Secretary of State a request for the court’s consent to—
(i) the defendant being dealt with in that territory for an offence other than one in respect of which the extradition there took place, or
(ii) the defendant’s further extradition from there to another such territory for an offence.
(2) The presenting officer must serve on the court officer—
(a) the request; and
(b) a certificate given by the designated authority that the request was made by a judicial authority with the function of making such requests in the territory to which the defendant was extradited.
(3) The court must—
(a) give directions for service by a party or other person on the defendant of notice that the request for consent has been received, unless satisfied that it would not be practicable for such notice to be served;
(b) give directions for a hearing to consider the request to begin—
(i) no more than 21 days after the request was received by the designated authority, or
(ii) at such a later date as the court decides is in the interests of justice; and
(c) give such directions as are required for the preparation and conduct of that hearing.
(4) At the hearing directed under paragraph (3), in the following sequence the court must decide—
(a) whether the consent requested is required, having regard to—
(i) any opportunity given for the defendant to leave the requesting territory after extradition which the defendant did not take within 45 days of arrival there,
(ii) if the defendant did not take such an opportunity, any requirements for consent imposed by the law of the requesting territory or by arrangements between that territory and the United Kingdom where the request is for consent to deal with the defendant in that territory for another offence, and
(iii) if the defendant did not take such an opportunity, any requirements for consent imposed by arrangements between the requesting territory and the United Kingdom where the request is for consent to extradite the defendant to another territory for an offence; and
(b) if such consent is required, then—
(i) whether the offence in respect of which consent is requested is an extradition offence, and
(ii) if it is, whether the court would order the defendant’s extradition under sections 11 to 25 of the Extradition Act 2003 (bars to extradition and other considerations) were the defendant in the United Kingdom and the court was considering extradition for that offence.
(5) The court must give directions for notice of its decision to be conveyed to the authority which made the request.
(6) Rules 50.3 (Exercise of magistrates’ court’s powers) and 50.4 (Case management in the magistrates’ court and duty of court officer) apply on an application under this rule.
[Note. See sections 54, 55, 56 and 57 of the Extradition Act 2003.]