Time limits for extradition
Produced in partnership with Jasvinder Nakhwal and Charlotte Evans of Peters & Peters Solicitors LLP.
Practice notesTime limits for extradition
Produced in partnership with Jasvinder Nakhwal and Charlotte Evans of Peters & Peters Solicitors LLP.
Practice notes
Time limits for extradition under the Extradition Act 2003
Extradition must take place within the time limits prescribed in the Extradition Act 2003 (EA 2003), which are strictly applied.
Time limit for extradition to a category 1 territory
Extradition to a category 1 territory must take place within ten days of:
- •
the expiry of the seven-day time limit for giving notice of appeal against the extradition order, or
- •
any later date agreed by the extradition judge and the issuing authority in the category 1 territory
But where a requested person gives notice of application for leave to appeal after the end of the required period, the High Court must not refuse to entertain the application for that reason if the person did everything reasonably possible to ensure that the notice was given as soon as it could be given.
In Greece v O’Connor, the Supreme Court held that there should be jurisdiction to entertain a late application for leave to appeal if the person ordered
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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Extradition definition
What does Extradition mean?
Extradition is the formal surrender by one country to another, based on reciprocal laws, treaties or arrangements partly judicial and partly administrative, of an individual accused or convicted of a serious criminal offence committed outside the territory of the extraditing state and within the jurisdiction of the requesting state which, being competent by its own law to try and punish him, requests the individual's surrender.
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