Statutory Instruments
2013 No. 2384
Extradition, England And Wales
Extradition, Northern Ireland
The Extradition Appeals (England and Wales and Northern Ireland) Order 2013
Made
19th September 2013
Laid before Parliament
23rd September 2013
Coming into force
14th October 2013
The Secretary of State in exercise of the powers conferred by sections 58(12)(c) and 59(1) and (2) of the Crime and Courts Act 2013( 1 ), makes the following Order:
Citation, commencement and extent
1. 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.
Interpretation
2. 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( 2 ) 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( 3 ); and
(ii) in circumstances where the Secretary of State was precluded from considering that question by section 70(11) of the Extradition Act 2003( 4 ); or
(b) an appeal brought in accordance with section 108(5) and (6) of the Extradition Act 2003( 5 ).
Modification of the Extradition Act 2003
3. —(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.
Transitional provision
4. 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.
Taylor of Holbeach
Parliamentary Under Secretary of State
Home Office
19th September 2013
Subsection (11) of section 70 of the Extradition Act 2003 (c. 41) was inserted by paragraph 11 of Schedule 20 to the Crime and Courts Act 2013 (c. 22) with effect from 29th July 2013 for England and Wales and 14th October 2013 for Northern Ireland.
Subsection (5) and (6) of section 108 of the Extradition Act 2003 were inserted by paragraph 12 of Schedule 20 to the Crime and Courts Act 2013 with effect from 29th July 2013 for England and Wales and 14th October 2013 for Northern Ireland.