Berki, R (On the Application Of) v District Court Hungary

Where an appellant no longer wishes to pursue an extradition appeal, the Administrative Court may approve the withdrawal and dismiss the appeal. The required period for the purposes of section 36(3) of the Extradition Act 2003 begins when the dismissal order is pronounced in open court.

The appellant applied to withdraw his extradition appeal, with the respondent’s consent. Neither party was represented or attended. The court was asked to approve the withdrawal and make the consequential orders, including an order under section 36(3) of the Extradition Act 2003.

1. The court acceded to the appellant’s application to withdraw the extradition appeal.
2. The appeal was dismissed.
3. The required period for the purposes of section 36(3) of the Extradition Act 2003 began on the date on which the order was pronounced in open court.
4. There was no order for costs, save for detailed assessment of the legally aided party’s public funding certificate.

The judgment records an application to withdraw the appeal. The Administrative Court approved the withdrawal and dismissed the appeal.