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672 KB
Extraction Summary
3
People
1
Organizations
0
Locations
5
Events
2
Relationships
1
Quotes
Document Information
Type:
Legal document
File Size:
672 KB
Summary
This document is a table from a legal filing dated December 14, 2020, which outlines the timelines and procedures for extradition cases under the UK's Extradition Act 2003. It details the various stages, including sending the case to the Secretary of State, the order for extradition, and the processes for removal and appeal, citing specific sections of the act. The table distinguishes between procedures for cases where there is an appeal and cases where there is no appeal.
People (3)
| Name | Role | Context |
|---|---|---|
| Secretary of State | Government official |
Mentioned throughout as the authority to whom extradition cases are sent and who makes decisions on extradition orders.
|
| judge | Judicial officer |
Mentioned as the person who, in practice, sends the extradition case to the Secretary of State.
|
| requested person | Subject of extradition |
The individual who is the subject of the extradition proceedings, who can make representations and lodge appeals.
|
Organizations (1)
| Name | Type | Context |
|---|---|---|
| High Court | Judicial body |
Mentioned as the court that can refuse leave to appeal in extradition cases.
|
Timeline (5 events)
Sending the case to the Secretary of State. There is no statutory time-limit, but in practice, the judge sends it straight away.
An order for extradition can be made within two months of the date the case is sent to the Secretary of State. It cannot be ordered during the first four weeks to allow the requested person to make representations.
Removal of the requested person in cases with no appeal. This occurs 28 days after the person is informed of the extradition order or after the High Court refuses leave to appeal.
Lodging an application for permission to appeal a decision to send the case to the Secretary of State. This must be done within 14 days of being informed of the decision.
Lodging an application for permission to appeal against an order for extradition. This must be done within 14 days of being informed of the decision.
Relationships (2)
The document states that 'in practice, the judge sends the case to the Secretary of State straight away'.
The Secretary of State decides on the extradition of the requested person, who in turn has the right to make representations and appeal the Secretary's decisions.
Key Quotes (1)
"did everything reasonably possible to ensure that the notice was given as soon as it could be given"Source
— Extradition Act 2003, s. 103(10)
(This is the legal standard for extending the time-limit for lodging an application for permission to appeal.)
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Quote #1
Full Extracted Text
Complete text extracted from the document (1,777 characters)
Case 1:20-cr-00330-AJN Document 97-21 Filed 12/14/20 Page 27 of 29
Sending the case to the Secretary of State
No statutory time-limit¹¹
Comment [9]: in practice, the judge sends the case to the Secretary of State straight away
No statutory time-limit¹¹
Comment [9]: in practice, the judge sends the case to the Secretary of State straight away
Order for extradition
Two months of the date on which the case is sent to the Secretary of State¹²
Extradition may not be ordered during the first four weeks of this period (‘the permitted period’) to allow the requested person to make representations¹³
Two months of the date on which the case is sent to the Secretary of State¹²
Extradition may not be ordered during the first four weeks of this period (‘the permitted period’) to allow the requested person to make representations¹³
Cases where there is no appeal
Removal
28 days starting with: (a) the day on which the requested person is informed that an order for extradition has been made (in cases where no in-time appeal is lodged); or (b) the day on which leave to appeal is refused by the High Court¹⁴
28 days starting with: (a) the day on which the requested person is informed that an order for extradition has been made (in cases where no in-time appeal is lodged); or (b) the day on which leave to appeal is refused by the High Court¹⁴
Cases where there is an appeal
Lodging an application for permission to appeal a decision to send the case to the Secretary of State
Notice of application for leave to appeal must be lodged within 14 days of the day on which the requested person was informed of the Secretary of State’s decision to order extradition¹⁵
This time-limit may be extended if the person “did everything reasonably possible to ensure that the notice was given as soon as it could be given”¹⁶
Notice of application for leave to appeal must be lodged within 14 days of the day on which the requested person was informed of the Secretary of State’s decision to order extradition¹⁵
This time-limit may be extended if the person “did everything reasonably possible to ensure that the notice was given as soon as it could be given”¹⁶
Lodging an application for permission to appeal against an order for extradition
Notice of application for leave to appeal must be lodged within 14 days of the day on which the requested person was informed of the Secretary of State’s decision to order extradition¹⁷
Notice of application for leave to appeal must be lodged within 14 days of the day on which the requested person was informed of the Secretary of State’s decision to order extradition¹⁷
¹¹ Extradition Act 2003, s. 87.
¹² Extradition Act 2003, s. 99(3).
¹³ Extradition Act 2003, s. 93(5)–(6).
¹⁴ Extradition Act 2003, s. 117(1)–(2).
¹⁵ Extradition Act 2003, s. 103(9).
¹⁶ Extradition Act 2003, s. 103(10).
¹⁷ Extradition Act 2003, s. 108(4)(b).
¹² Extradition Act 2003, s. 99(3).
¹³ Extradition Act 2003, s. 93(5)–(6).
¹⁴ Extradition Act 2003, s. 117(1)–(2).
¹⁵ Extradition Act 2003, s. 103(9).
¹⁶ Extradition Act 2003, s. 103(10).
¹⁷ Extradition Act 2003, s. 108(4)(b).
DOJ-OGR-00002122
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