Secretary of State for the Home Department, R (on the application of) v Norris

The court may grant an extension of time where the material establishes a proper basis for it. An extension should not ordinarily be expressed as final, since a later judge must remain free to consider any further application in the circumstances then prevailing.

An application was made for an extension of time in proceedings concerning a person whose extradition was sought. The claimant did not appear or have representation. The defendant was represented. The court considered whether the extension should be granted and whether it should be treated as final.

1. The application for an extension of time was granted because the material provided a proper basis for it.
2. The extension was not expressed to be final. The judge could not fetter the decision of a subsequent judge considering any further application in different circumstances.
3. The court observed that forcing a final decision solely because an extension was unavailable might be counterproductive, particularly where fuller consideration could produce a favourable result for the person whose extradition was sought.