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The Criminal Procedure Rules 2025

Type Statutory-Instrument

Publication 2025-07-15

Last updated 2026-04-06

State In force

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48.10

(1) At the hearing of an allegation under rule 48.9, the court must—

(a) ensure that the respondent understands (with help, if necessary) what is alleged;

(b) explain what the procedure at the hearing will be; and

(2) If the respondent admits the conduct, the court need not receive evidence.

(3) If the respondent does not admit the conduct, the court must consider—

(a) the application or written statement served under rule 48.9;

(b) any other evidence of the conduct;

(d) any representations by the respondent about the conduct.

(4) If the respondent admits the conduct, or the court finds it proved, the court must—

(a) before imposing any punishment for contempt of court, give the respondent an opportunity to make representations relevant to punishment and a final opportunity to apologise;

(b) in deciding how to deal with the respondent take into account—

(i) the gravity of the contempt,

(ii) the extent of any admission of the conduct and the stage at which that admission was made, and

(iii) any apology and the stage at which that apology was offered;

(c) if imprisonment is imposed, impose the shortest period that is commensurate with the preservation of good order in the administration of justice;

(d) explain, in terms the respondent can understand (with help, if necessary)—

(i) the reasons for its decision, including its findings of fact, and

(ii) the punishment it imposes, and its effect; and

(e) if a magistrates’ court, arrange for the preparation of a written record of those findings.

Introduction of written witness statement or other hearsay

48.11

(1) Where rule 48.9 applies, an applicant or respondent who wants to introduce in evidence the written statement of a witness, or other hearsay, must—

(a) serve a copy of the statement, or notice of other hearsay, on—

(i) the court officer, and

(ii) the other party; and

(b) serve the copy or notice—

(i) when serving the application under rule 48.9, in the case of an applicant, or

(ii) not more than 5 business days after service of that application or of the court’s written statement, in the case of the respondent.

(2) Such service is notice of that party’s intention to introduce in evidence that written witness statement, or other hearsay, unless that party otherwise indicates when serving it.

(3) A party entitled to receive such notice may waive that entitlement.

[Note. On an application under rule 48.9, hearsay evidence is admissible under the Civil Evidence Act 1995. Section 1(2) of the 1995 Act¹²⁶⁸defines hearsay as meaning ‘a statement made otherwise than by a person while giving oral evidence in the proceedings which is tendered as evidence of the matters stated’. Section 13 of the Act¹²⁶⁹defines a statement as meaning ‘any representation of fact or opinion, however made’.

Content of written witness statement

48.12

(1) This rule applies to a written witness statement served under rule 48.11.

(2) Such a written witness statement must contain a declaration by the person making it that it is true to the best of that person’s knowledge and belief.

[Note. By reason of sections 15 and 45 of the Senior Courts Act 1981¹²⁷¹, the Court of Appeal and the Crown Court each has an inherent power to imprison (for a maximum of 2 years), or fine (to an unlimited amount), or both, for contempt of court a person who, in a written witness statement to which this rule applies, makes, or causes to be made, a false statement without an honest belief in its truth. See also section 14 of the Contempt of Court Act 1981¹²⁷².]

Content of notice of other hearsay

48.13

(1) This rule applies to a notice of hearsay, other than a written witness statement, served under rule 48.11.

(2) Such a notice must—

(a) set out the evidence, or attach the document that contains it; and

(b) identify the person who made the statement that is hearsay.

Cross-examination of maker of written witness statement or other hearsay

48.14

(1) This rule applies where a party wants the court’s permission to cross-examine a person who made a statement which another party wants to introduce as hearsay.

(2) The party who wants to cross-examine that person must—

(a) apply in writing, with reasons; and

(b) serve the application on—

(i) the court officer, and

(ii) the party who served the hearsay.

(3) A respondent who wants to cross-examine such a person must apply to do so not more than 5business days after service of the hearsay by the applicant.

(4) An applicant who wants to cross-examine such a person must apply to do so not more than 3business days after service of the hearsay by the respondent.

(5) The court—

(a) may decide an application under this rule without a hearing; but

(b) must not dismiss such an application unless the person making it has had an opportunity to make representations at a hearing.

[Note. See also section 3 of the Civil Evidence Act 1995¹²⁷³.]

Credibility and consistency of maker of written witness statement or other hearsay

48.15

(1) This rule applies where a party wants to challenge the credibility or consistency of a person who made a statement which another party wants to introduce as hearsay.

(2) The party who wants to challenge the credibility or consistency of that person must—

(a) serve notice of intention to do so on—

(i) the court officer, and

(ii) the party who served the hearsay; and

(b) in it, identify any statement or other material on which that party relies.

(3) A respondent who wants to challenge such a person’s credibility or consistency must serve such a notice not more than 5 business days after service of the hearsay by the applicant.

(4) An applicant who wants to challenge such a person’s credibility or consistency must serve such a notice not more than 3 business days after service of the hearsay by the respondent.

(5) The party who served the hearsay—

(a) may call that person to give oral evidence instead; and

(b) if so, must serve notice of intention to do so on—

(i) the court officer, and

(ii) the other party

as soon as practicable after service of the notice under paragraph (2).

[Note. Section 5(2) of the Civil Evidence Act 1995¹²⁷⁴describes the procedure for challenging the credibility of the maker of a statement of which hearsay evidence is introduced. See also section 6 of that Act¹²⁷⁵.

Magistrates’ courts’ powers to adjourn, etc.

48.16

(1) This rule applies where a magistrates’ court deals with unauthorised disclosure of prosecution material under sections 17 and 18 of the Criminal Procedure and Investigations Act 1996¹²⁷⁷.

(2) The sections of the Magistrates’ Courts Act 1980 listed in paragraph (3) apply as if in those sections—

(a) ‘complaint’ and ‘summons’ each referred to an application or written statement under rule 48.9;

(b) ‘complainant’ meant an applicant; and

(3) Those sections are—

(a) section 51¹²⁷⁸ (issue of summons on complaint);

(b) section 54¹²⁷⁹ (adjournment);

(d) section 97(1)¹²⁸¹ (summons to witness);

(e) section 121(1)¹²⁸² (constitution and place of sitting of court); and

(f) section 123¹²⁸³ (defect in process).

(4) Section 127 of the 1980 Act¹²⁸⁴ (limitation of time) does not apply.

[Note. Under section 19(3) of the Criminal Procedure and Investigations Act 1996¹²⁸⁵, Criminal Procedure Rules may contain provisions equivalent to those contained in Schedule 3 to the Contempt of Court Act 1981¹²⁸⁶(which allows magistrates’ courts in cases of contempt of court to use certain powers such courts possess in other cases).]

Court’s power to vary requirements

48.17

(1) The court may shorten or extend (even after it has expired) a time limit under rule 48.11, 48.14 or 48.15.

(2) A person who wants an extension of time must—

(a) apply when serving the statement, notice or application for which it is needed; and

(b) explain the delay.

PART 49 — INTERNATIONAL CO-OPERATION

Contents of this Part

Notice required to accompany process served outside
the United Kingdom and translations	rule 49.1
Proof of service outside the United Kingdom	rule 49.2
Supply of copy of notice of request for assistance abroad	rule 49.3
Persons entitled to appear and take part in proceedings
before a nominated court, and exclusion of the public	rule 49.4
Record of proceedings to receive evidence
before a nominated court	rule 49.5
Interpreter for the purposes of proceedings
involving a television or telephone link	rule 49.6
Record of television link hearing before a nominated court	rule 49.7
Record of telephone link hearing before a nominated court	rule 49.8
Overseas record	rule 49.9
Overseas freezing orders	rule 49.10
Overseas forfeiture orders	rule 49.11

Notice required to accompany process served outside the United Kingdom and translations

49.1

(1) The notice which by virtue of section 3(4)(b) of the Crime (International Co-operation) Act 2003¹²⁸⁷ (general requirements for service of process) must accompany any process served outside the United Kingdom must give the information specified in paragraphs (2) and (4) below.

(2) The notice must—

(a) state that the person required by the process to appear as a party or attend as a witness can obtain information about his rights in connection therewith from the relevant authority; and

(b) give the particulars specified in paragraph (4) about that authority.

(3) The relevant authority where the process is served—

(a) at the request of the prosecuting authority, is that authority; or

(b) at the request of the defendant or the prosecutor in the case of a private prosecution, is the court by which the process is served.

(4) The particulars referred to in paragraph (2) are—

(a) the name and address of the relevant authority, together with its telephone and fax numbers and e-mail address; and

(b) the name of a person at the relevant authority who can provide the information referred to in paragraph (2)(a), together with his telephone and fax numbers and e-mail address.

(5) The magistrates’ court or Crown Court officer must send, together with any process served outside the United Kingdom—

(a) any translation which is provided under section 3(3)(b) of the 2003 Act; and

(b) any translation of the information required to be given by this rule which is provided to him.

(6) In this rule, ‘process’ has the same meaning as in section 51(3) of the 2003 Act.

Proof of service outside the United Kingdom

49.2

(1) A statement in a certificate given by or on behalf of the Secretary of State—

(a) that process has been served on any person under section 4(1) of the Crime (International Co-operation) Act 2003(service of process otherwise than by post);

(b) of the manner in which service was effected; and

shall be admissible as evidence of any facts so stated.

(2) In this rule, ‘process’ has the same meaning as in section 51(3) of the 2003 Act.

Supply of copy of notice of request for assistance abroad

49.3

Where a request for assistance under section 7 of the Crime (International Co-operation) Act 2003 is made by a justice of the peace or a judge exercising the jurisdiction of the Crown Court and is sent in accordance with section 8(1) of the 2003 Act, the magistrates’ court or Crown Court officer shall send a copy of the letter of request to the Secretary of State as soon as practicable after the request has been made.

Persons entitled to appear and take part in proceedings before a nominated court, and exclusion of the public

49.4

A court nominated under section 15(1) of the Crime (International Co-operation) Act 2003 (nominating a court to receive evidence) may—

(a) determine who may appear or take part in the proceedings under Schedule 1 to the 2003 Act before the court and whether a party to the proceedings is entitled to be legally represented; and

(b) direct that the public be excluded from those proceedings if it thinks it necessary to do so in the interests of justice.

Record of proceedings to receive evidence before a nominated court

49.5

(1) Where a court is nominated under section 15(1) of the Crime (International Co-operation) Act 2003 the magistrates’ court or Crown Court officer shall enter in an overseas record—

(a) details of the request in respect of which the notice under section 15(1) of the 2003 Act was given;

(b) the date on which, and place at which, the proceedings under Schedule 1 to the 2003 Act in respect of that request took place;

(d) the name of any person who took part in the proceedings as a legal representative or an interpreter;

(e) whether a witness was required to give evidence on oath or (by virtue of section 5 of the Oaths Act 1978¹²⁸⁸) after making a solemn affirmation; and

(f) whether the opportunity to cross-examine any witness was refused.

(2) When the court gives the evidence received by it under paragraph 6(1) of Schedule 1 to the 2003 Act to the court or authority that made the request or to the territorial authority for forwarding to the court or authority that made the request, the magistrates’ court or Crown Court officer shall send to the court, authority or territorial authority (as the case may be) a copy of an extract of so much of the overseas record as relates to the proceedings in respect of that request.

[Note. As to the keeping of an overseas record, see rule 49.9.]

Interpreter for the purposes of proceedings involving a television or telephone link

49.6

(1) This rule applies where a court is nominated under section 30(3) (hearing witnesses in the UK through television links) or section 31(4) (hearing witnesses in the UK by telephone) of the Crime (International Co-operation) Act 2003.

(2) Where it appears to the justices’ legal adviser or the Crown Court officer that the witness to be heard in the proceedings under Part 1 or 2 of Schedule 2 to the 2003 Act (‘the relevant proceedings’) is likely to give evidence in a language other than English, he shall make arrangements for an interpreter to be present at the proceedings to translate what is said into English.

(3) Where it appears to the justices’ legal adviser or the Crown Court officer that the witness to be heard in the relevant proceedings is likely to give evidence in a language other than that in which the proceedings of the court referred to in section 30(1) or, as the case may be, 31(1) of the 2003 Act (‘the external court’) will be conducted, he shall make arrangements for an interpreter to be present at the relevant proceedings to translate what is said into the language in which the proceedings of the external court will be conducted.

(4) Where the evidence in the relevant proceedings is either given in a language other than English or is not translated into English by an interpreter, the court shall adjourn the proceedings until such time as an interpreter can be present to provide a translation into English.

(5) Where a court in Wales understands Welsh—

(a) paragraph (2) does not apply where it appears to the justices’ legal adviser or Crown Court officer that the witness in question is likely to give evidence in Welsh;

(b) paragraph (4) does not apply where the evidence is given in Welsh; and

Record of television link hearing before a nominated court

49.7

(1) This rule applies where a court is nominated under section 30(3) of the Crime (International Co-operation) Act 2003.

(2) The magistrates’ court or Crown Court officer shall enter in an overseas record—

(a) details of the request in respect of which the notice under section 30(3) of the 2003 Act was given;

(b) the date on which, and place at which, the proceedings under Part 1 of Schedule 2 to that Act in respect of that request took place;

(d) the name of the witness who gave evidence;

(e) the name of any person who took part in the proceedings as a legal representative or an interpreter; and

(f) the language in which the evidence was given.

(3) As soon as practicable after the proceedings under Part 1 of Schedule 2 to the 2003 Act took place, the magistrates’ court or Crown Court officer shall send to the external authority that made the request a copy of an extract of so much of the overseas record as relates to the proceedings in respect of that request.

[Note. As to the keeping of an overseas record, see rule 49.9.]

Record of telephone link hearing before a nominated court

49.8

(1) This rule applies where a court is nominated under section 31(4) of the Crime (International Co-operation) Act 2003.

(2) The magistrates’ court or Crown Court officer shall enter in an overseas record—

(a) details of the request in respect of which the notice under section 31(4) of the 2003 Act was given;

(b) the date, time and place at which the proceedings under Part 2 of Schedule 2 to the 2003 Act took place;

(d) the name of any interpreter who acted at the proceedings; and

(e) the language in which the evidence was given.

[Note. As to the keeping of an overseas record, see rule 49.9.]

Overseas record

49.9

(1) The overseas records of a magistrates’ court shall be part of the register (within the meaning of section 150(1) of the Magistrates’ Courts Act 1980¹²⁸⁹).

(2) The overseas records of any court shall not be open to inspection by any person except—

(a) as authorised by the Secretary of State; or

(b) with the leave of the court.

[Note. As to the making of court records, see rule 5.4.]

Overseas freezing orders

49.10

(1) This rule applies where a court is nominated under section 21(1) of the Crime (International Co-operation) Act 2003¹²⁹⁰ to give effect to an overseas freezing order.

(2) Where the Secretary of State serves a copy of such an order on the court officer—

(a) the general rule is that the court must consider the order no later than the next business day; but

(b) exceptionally, the court may consider the order later than that, though not more than 5business days after service.

(3) The court must not consider the order unless—

(a) it is satisfied that the chief officer of police for the area in which the evidence is situated has had notice of the order; and

(b) that chief officer of police has had an opportunity to make representations, at a hearing if that officer wants.

(4) The court may consider the order—

(a) without a hearing; or

(b) at a hearing, in public or in private.

[Note. Under sections 20, 21 and 22 of the Crime (International Co-operation) Act 2003, a court nominated by the Secretary of State must consider an order, made by a court or other authority in a country outside the United Kingdom, the purpose of which is to protect evidence in the United Kingdom which may be used in proceedings or an investigation in that other country pending the transfer of that evidence to that country. The court may decide not to give effect to such an order only if—

(a) were the person whose conduct is in question to be charged with the offence to which the order relates, a previous conviction or acquittal would entitle that person to be discharged; or

(b) giving effect to the order would be incompatible with a Convention right, within the meaning of the Human Rights Act 1998.]

Overseas forfeiture orders

49.11

(1) This rule applies where—

(a) the Crown Court can—

(i) make a restraint order under article 5 of the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) Order 2005¹²⁹¹, or

(ii) give effect to an external forfeiture order under article 19 of that Order;

(b) the Director of Public Prosecutions or the Director of the Serious Fraud Office receives—

(i) a request for the restraint of property to which article 3 of the 2005 Order applies, or

(ii) a request to give effect to an external forfeiture order to which article 15 of the Order applies; and

(i) make such a restraint order, or

(ii) give effect to such a forfeiture order.

(2) The Director must—

(a) apply in writing;

(b) serve the application on the court officer; and

(c) serve the application on the defendant and on any other person affected by the order, unless the court is satisfied that—

(i) the application is urgent, or

(ii) there are reasonable grounds for believing that to give notice of the application would cause the dissipation of the property which is the subject of the application.

(3) The application must—

(a) identify the property the subject of the application;

(b) identify the person who is or who may become the subject of such a forfeiture order;

(i) for making a restraint order, or

(ii) for giving effect to a forfeiture order;

(d) where the application is to give effect to a forfeiture order, include an application to appoint the Director as the enforcement authority; and

(e) propose the terms of the Crown Court order.

(4) If the court allows the application, it must—

(a) where it decides to make a restraint order—

(i) specify the property the subject of the order,

(ii) specify the person or persons who are prohibited from dealing with that property,

(iii) specify any exception to that prohibition, and

(iv) include any ancillary order that the court believes is appropriate to ensure that the restraint order is effective; and

(b) where it decides to give effect to a forfeiture order, exercise its power to—

(i) direct the registration of the order as an order of the Crown Court,

(ii) give directions for notice of the order to be given to any person affected by it, and

(iii) appoint the applicant Director as the enforcement authority.

(5) Paragraph (6) applies where a person affected by an order, or the Director, wants the court to vary or discharge a restraint order or cancel the registration of a forfeiture order.

(6) Such a person must—

(a) apply in writing as soon as practicable after becoming aware of the grounds for doing so;

(b) serve the application on the court officer and, as applicable—

(i) the other party, and

(ii) any other person who will or may be affected;

(i) for the restraint order to be varied or discharged, or

(ii) for the registration of the forfeiture order to be cancelled;

(d) propose the terms of any variation; and

(e) ask for a hearing, if one is wanted, and explain why it is needed.

(7) The court may—

(a) consider an application

(i) at a hearing, which must be in private unless the court otherwise directs, or

(ii) without a hearing; and

(b) allow an application to be made orally.

[Note. Under article 19 of the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) Order 2005, on the application of the Director of Public Prosecutions or the Director of the Serious Fraud Office the Crown Court may give effect to an order made by a court in a country outside the United Kingdom for the forfeiture and destruction, or other disposal, of any property in respect of which an offence has been committed in that country, or which was used or intended for use in connection with the commission of such an offence (described in the Order as an ‘external forfeiture order’).

PART 50 — EXTRADITION

Contents of this Part

Section 1: general rules
When this Part applies	rule 50.1
Further objective in extradition proceedings	rule 50.2

Section 2: extradition proceedings in a magistrates’ court
Exercise of magistrates’ court’s powers	rule 50.3
Case management in the magistrates’ court and duty of court officer	rule 50.4

Extradition under Part 1 of the Extradition Act 2003
Preliminary hearing after arrest	rule 50.5
Extradition hearing	rule 50.6
Discharge where warrant withdrawn	rule 50.7

Extradition under Part 2 of the Extradition Act 2003
Issue of arrest warrant	rule 50.8
Preliminary hearing after arrest	rule 50.9
Issue of provisional arrest warrant	rule 50.10
Preliminary hearing after provisional arrest	rule 50.11
Arrangement of extradition hearing after provisional arrest	rule 50.12
Extradition hearing	rule 50.13
Discharge where extradition request withdrawn	rule 50.14

Evidence at extradition hearing
Introduction of additional evidence	rule 50.15

Discharge after failure to comply with a time limit, etc.
Defendant’s application to be discharged	rule 50.16

Section 3: appeal to the High Court
Exercise of the High Court’s powers	rule 50.17
Case management in the High Court	rule 50.18
Service of appeal notice	rule 50.19
Form of appeal notice	rule 50.20
Respondent’s notice	rule 50.21
Renewing an application for permission to appeal, restoring excluded grounds, etc.	rule 50.22
Appeal hearing	rule 50.23
Early termination of appeal: order by consent, etc.	rule 50.24
Application for permission to appeal to the Supreme Court	rule 50.25
Determination of detention pending appeal to the Supreme Court against discharge	rule 50.26
Reopening the determination of an appeal	rule 50.27
Declaration of incompatibility with a Convention right	rule 50.28
Duties of court officers	rule 50.29
Constitution of the High Court	rule 50.30
Payment of High Court fees	rule 50.31

Section 4: post-extradition proceedings
Application for consent to deal with another offence or
for consent to further extradition	rule 50.32

SECTION 1: GENERAL RULES

When this Part applies

50.1

(1) This Part applies to extradition under Part 1 or Part 2 of the Extradition Act 2003¹²⁹².

(2) Section 2 of this Part applies to proceedings in a magistrates’ court, and in that Section—

(a) rules 50.3 to 50.7, 50.15 and 50.16 apply to extradition under Part 1 of the Act; and

(b) rules 50.3, 50.4 and 50.8 to 50.16 apply to extradition under Part 2 of the Act.

(3) Section 3 of this Part applies where—

(a) a party wants to appeal to the High Court against an order by the magistrates’ court or by the Secretary of State; and

(b) a party to an appeal to the High Court wants to appeal further to the Supreme Court under—

(i) section 32 of the Act (appeal under Part 1 of the Act), or

(ii) section 114 of the Act (appeal under Part 2 of the Act).

(4) Section 4 of this Part applies to proceedings in a magistrates’ court under—

(a) sections 54 and 55 of the Act (Request for consent to other offence being dealt with; Questions for decision at consent hearing); and

(b) sections 56 and 57 of the Act (Request for consent to further extradition to category 1 territory; Questions for decision at consent hearing).

(5) In this Part, and for the purposes of this Part in other rules—

(a) ‘magistrates’ court’ means a District Judge (Magistrates’ Courts) exercising the powers to which Section 2 of this Part applies;

(b) ‘presenting officer’ means an officer of the National Crime Agency, a police officer, a prosecutor or other person representing an authority or territory seeking the extradition of a defendant; and

[Note. The Extradition Act 2003 provides for the extradition of a person accused or convicted of a crime to the territory within which that person is accused, was convicted or is to serve a sentence.

Special objective in extradition proceedings

50.2

When exercising a power to which this Part applies, as well as furthering the overriding objective, in accordance with rule 1.3, the court must have regard to the importance of—

(a) mutual confidence and recognition between judicial authorities in the United Kingdom and in requesting territories; and

(b) the conduct of extradition proceedings in accordance with international obligations, including obligations to deal swiftly with extradition requests.

SECTION 2: EXTRADITION PROCEEDINGS IN A MAGISTRATES’ COURT

Exercise of magistrates’ court’s powers

50.3

(1) The general rule is that the magistrates’ court must exercise its powers at a hearing in public, but—

(a) that is subject to any power the court has to—

(i) impose reporting restrictions,

(ii) withhold information from the public, or

(iii) order a hearing in private; and

(b) despite the general rule the court may, without a hearing—

(i) give any directions to which rule 50.4 applies (Case management in the magistrates’ court and duty of court officer), or

(ii) determine an application which these Rules allow to be determined by a magistrates’ court without a hearing in a case to which this Part does not apply.

(2) If the court so directs, a person must attend a hearing by live link.

(3) Where the defendant is absent from a hearing—

(a) the general rule is that the court must proceed as if the defendant—

(i) were present, and

(ii) opposed extradition on any ground of which the court has been made aware;

(b) the general rule does not apply if the defendant is under 18;

(i) the defendant had reasonable notice of where and when the hearing would take place,

(ii) the defendant has been made aware that the hearing might proceed in his or her absence, and

(iii) there is no good reason for the defendant’s absence; and

(d) the general rule does not apply but the court may exercise its powers in the defendant’s absence where—

(i) the court discharges the defendant,

(ii) the defendant is represented and the defendant’s presence is impracticable by reason of his or her ill health or disorderly conduct, or

(iii) on an application under rule 50.32 (Application for consent to deal with another offence or for consent to further extradition), the defendant is represented or the defendant’s presence is impracticable by reason of his or her detention in the territory to which he or she has been extradited.

(4) The court may exercise its power to adjourn—

(a) if either party asks, or on its own initiative; and

(b) in particular—

(i) to allow there to be obtained information that the court requires,

(ii) following a provisional arrest under Part 1 of the Extradition Act 2003, pending receipt of the warrant,

(iii) following a provisional arrest with a warrant under Part 2 of the Act, pending receipt of the extradition request,

(iv) following a provisional arrest without a warrant under Part 2 of the Act, pending receipt of evidence or information required by the court,

(v) if the court is informed that the defendant is serving a custodial sentence in the United Kingdom,

(vi) if it appears to the court that the defendant is not fit to be extradited, unless the court discharges the defendant for that reason,

(vii) where a court dealing with a warrant to which Part 1 of the Act applies is informed that another such warrant has been received in the United Kingdom,

(viii) where a court dealing with a warrant to which Part 1 of the Act applies is informed of a request for the temporary transfer of the defendant to the territory to which the defendant’s extradition is sought, or a request for the defendant to speak to the authorities of that territory, or

(ix) during a hearing to which rule 50.32 applies (Application for consent to deal with another offence or for consent to further extradition).

(5) The court must exercise its power to adjourn if informed that the defendant has been charged with an offence in the United Kingdom.

(6) The general rule is that, before exercising a power to which this Part applies, the court must give each party an opportunity to make representations, unless that party is absent without good reason.

(7) The court may—

(a) shorten a time limit or extend it (even after it has expired), unless that is inconsistent with other legislation;

(b) direct that a notice or application be served on any person; and

(c) allow a notice or application to be in a different form to one issued under the Practice Direction, or to be presented orally.

(8) A party who wants an extension of time within which to serve a notice or make an application must—

(a) apply for that extension of time when serving that notice or making that application; and

(b) give the reasons for the application for an extension of time.

[Note. See sections 8A, 8B, 9, 21B, 22, 23, 25 and 44 of the Extradition Act 2003¹²⁹⁴(powers in relation to extradition under Part 1 of the Act) and sections 76A, 76B, 77, 88, 89 and 91 of the Act¹²⁹⁵(powers in relation to extradition under Part 2 of the Act). Under sections 9 and 77 of the Act, at the extradition hearing the court has the same powers (as nearly as may be) as a magistrates’ court would have if the proceedings were the summary trial of an allegation against the defendant: see also rule 24.12(3) (Trial and sentence in a magistrates’ court; procedure where the defendant is absent).

Case management in the magistrates’ court and duty of court officer

50.4

(1) The magistrates’ court and the parties have the same duties and powers as under Part3 (Case management), subject to—

(a) rule 50.2 (Special objective in extradition proceedings); and

(b) paragraph (2) of this rule.

(2) Rule 3.6 (Application to vary a direction) does not apply to a decision to extradite or discharge.

(3) Where this rule applies, active case management by the court includes—

(a) if the court requires information from the authorities in the requesting territory—

(i) nominating a court officer, the designated authority which certified the arrest warrant where Part 1 of the Extradition Act 2003 Act applies, a party or other person to convey that request to those authorities, and

(ii) in a case in which the terms of that request need to be prepared in accordance with directions by the court, giving such directions accordingly; and

(b) giving such directions as are required where, under section 21B of the Extradition Act 2003¹²⁹⁷, the parties agree—

(i) to the temporary transfer of the defendant to the requesting territory, or

(ii) that the defendant should speak with representatives of an authority in that territory.

(4) Where this rule applies, active assistance by the parties includes—

(a) applying for any direction needed as soon as reasonably practicable; and

(b) concisely explaining the reasons for any application for the court to direct—

(i) the preparation of a request to which paragraph (3)(a) applies, or

(ii) the making of arrangements to which paragraph (3)(b) applies.

(5) Where this rule applies, active assistance by the presenting officer includes—

(a) taking reasonable steps to ensure that the defendant will be able to understand (with help, if necessary)—

(i) what is alleged by the warrant, if Part 1 of the 2003 Act applies, or

(ii) the content of the extradition request, if Part 2 of the Act applies; and

(b) providing in writing identification of the equivalent offence or offences under the law of England and Wales for the conduct being relied on if—

(i) this is raised for the defence as an issue and the court considers it necessary to identify the equivalent offence or offences in writing, or

(ii) the defendant is not represented.

(6) The court officer must—

(a) as soon as practicable, serve notice of the court’s decision to extradite or discharge—

(i) on the defendant,

(ii) on the designated authority which certified the arrest warrant, where Part 1 of the 2003 Act applies, and

(iii) on the Secretary of State, where Part 2 of the Act applies; and

(b) give the court such assistance as it requires.

[Note. Part 3 contains rules about case management which apply at an extradition hearing and during preparation for that hearing. This rule must be read in conjunction with those rules.

EXTRADITION UNDER PART 1 OF THE EXTRADITION ACT 2003

Preliminary hearing after arrest

50.5

(1) This rule applies where the defendant is first brought before the court after—

(a) arrest under a warrant to which Part 1 of the Extradition Act 2003 applies; or

(b) provisional arrest under Part 1 of the Act.

(2) The presenting officer must—

(a) serve on the court officer—

(i) the arrest warrant, and

(ii) a certificate, given by the authority designated by the Secretary of State, that the warrant was issued by an authority having the function of issuing such warrants in the territory to which the defendant’s extradition is sought; or

(b) apply at once for an extension of time within which to serve that warrant and that certificate.

(3) An application under paragraph (2)(b) must—

(a) explain why the requirement to serve the warrant and certificate at once could not reasonably be complied with; and

(b) include—

(i) any written material in support of that explanation, and

(ii) representations about bail pending service of those documents.

(4) When the presenting officer serves the warrant and certificate, in the following sequence the court must—

(a) decide whether the defendant is the person in respect of whom the warrant was issued;

(b) explain, in terms the defendant can understand (with help, if necessary)—

(i) the allegation made in the warrant, and

(ii) that the defendant may consent to extradition, and how that may be done and with what effect;

(i) no more than 21 days after the defendant’s arrest, or

(ii) if either party so applies, at such a later date as the court decides is in the interests of justice;

(d) consider any ancillary application, including an application about bail pending the extradition hearing; and

(e) give such directions as are required for the preparation and conduct of the extradition hearing.

[Note. See sections 4, 6, 7 and 8 of the Extradition Act 2003¹²⁹⁸.

Extradition hearing

50.6

(1) This rule applies at the extradition hearing arranged by the court under rule 50.5.

(2) In the following sequence, the court must decide—

(a) whether the offence specified in the warrant is an extradition offence;

(b) whether a bar to extradition applies, namely—

(i) the rule against double jeopardy,

(ii) absence of prosecution decision,

(iii) extraneous considerations,

(iv) the passage of time,

(v) the defendant’s age,

(vi) speciality,

(vii) earlier extradition or transfer to the United Kingdom, or

(viii) forum;

(c) where the warrant alleges that the defendant is unlawfully at large after conviction, whether conviction was in the defendant’s presence and if not—

(i) whether the defendant was absent deliberately, and

(ii) if the defendant was not absent deliberately, whether the defendant would be entitled to a retrial (or to a review of the conviction, amounting to a retrial);

(d) whether extradition would be—

(i) compatible with the defendant’s human rights, and

(ii) proportionate;

(e) whether it would be unjust or oppressive to extradite the defendant because of his or her physical or mental condition;

(f) after deciding each of (a) to (e) above, before progressing to the next, whether to order the defendant’s discharge; and

(g) whether to order the temporary transfer of the defendant to the territory to which the defendant’s extradition is sought.

(3) If the court discharges the defendant, the court must consider any ancillary application, including an application about—

(a) reporting restrictions; or

(b) costs.

(4) If the court does not discharge the defendant, the court must—

(a) exercise its power to order the defendant’s extradition;

(b) explain, in terms the defendant can understand (with help, if necessary), that the defendant may appeal to the High Court within the next 7 days; and

(i) bail pending extradition,

(ii) reporting restrictions, or

(iii) costs.

(5) If the court orders the defendant’s extradition, the court must order its postponement where—

(a) the defendant has been charged with an offence in the United Kingdom; or

(b) the defendant has been sentenced to imprisonment or detention in the United Kingdom.

[Note. See sections 10, 11, 20, 21, 21B, 25, 26, 36A, 36B, 64 and 65 of the Extradition Act 2003¹³⁰⁰.

Discharge where warrant withdrawn

50.7

(1) This rule applies where the authority that certified the warrant gives the court officer notice that the warrant has been withdrawn—

(a) after the start of the hearing under rule 50.5; and

(b) before the court orders the defendant’s extradition or discharge.

(2) The court must exercise its power to discharge the defendant.

[Note. See section 41 of the Extradition Act 2003.]

EXTRADITION UNDER PART 2 OF THE EXTRADITION ACT 2003

Issue of arrest warrant

50.8

(1) This rule applies where the Secretary of State serves on the court officer—

(a) an extradition request to which Part 2 of the Extradition Act 2003 applies;

(b) a certificate given by the Secretary of State that the request was received in the way approved for the request; and

(2) In the following sequence, the court must decide—

(a) whether the offence in respect of which extradition is requested is an extradition offence; and

(b) whether there is sufficient evidence, or (where the Secretary of State has so ordered, for this purpose) information, to justify the issue of a warrant of arrest.

(3) The court may issue an arrest warrant—

(a) without giving the parties an opportunity to make representations; and

(b) without a hearing, or at a hearing in public or in private.

[Note. See sections 70, 71, 137 and 138 of the Extradition Act 2003¹³⁰¹.]

Preliminary hearing after arrest

50.9

(1) This rule applies where a defendant is first brought before the court after arrest under a warrant to which rule 50.8 applies.

(2) In the following sequence, the court must—

(a) explain, in terms the defendant can understand (with help, if necessary)—

(i) the content of the extradition request, and

(ii) that the defendant may consent to extradition, and how that may be done and with what effect;

(b) arrange for an extradition hearing to begin—

(i) no more than 2 months later, or

(ii) if either party so applies, at such a later date as the court decides is in the interests of justice;

(d) give any direction as is appropriate to the needs of the case about the introduction of evidence at the extradition hearing.

[Note. See sections 72 and 75 of the Extradition Act 2003¹³⁰².

Issue of provisional arrest warrant

50.10

(1) This rule applies where a presenting officer wants a justice of the peace to issue a provisional arrest warrant under Part 2 of the Extradition Act 2003, pending receipt of an extradition request.

(2) The presenting officer must—

(a) serve an application for a warrant on the court officer; and

(b) verify that application on oath or affirmation.

(3) In the following sequence, the justice must decide—

(a) whether the alleged offence is an extradition offence; and

(b) whether there is sufficient evidence, or (where the Secretary of State has so ordered, for this purpose) information, to justify the issue of a warrant of arrest.

[Note. See sections 73, 137 and 138 of the Extradition Act 2003¹³⁰⁴.]

Preliminary hearing after provisional arrest

50.11

(1) This rule applies where a defendant is first brought before the court after arrest—

(a) under a provisional arrest warrant to which rule 50.10 applies; or

(b) under section 74A of the Extradition Act 2003¹³⁰⁵, without a warrant.

(2) Where paragraph (1)(b) applies the court must first—

(a) on the basis of such evidence or information as is produced to the court, decide whether a warrant to which rule 50.10 applies would be issued if the defendant were not already under arrest; and

(b) if no such warrant would be issued, order the defendant’s discharge.

(3) Unless the court orders the defendant’s discharge under paragraph (2), the court must—

(a) explain, in terms the defendant can understand (with help, if necessary)—

(i) the allegation in respect of which the defendant has been arrested, and

(ii) that the defendant may consent to extradition, and how that may be done and with what effect; and

(b) consider any ancillary application, including an application about bail pending receipt of the extradition request.

[Note. See sections 74, 74A, 74B, 74C, 74D and 74E of the Extradition Act 2003¹³⁰⁶. Under section 127 of the Act, a defendant’s consent to extradition must be given before the court, must be recorded in writing, and is irrevocable. Consent may not be given unless the defendant has a legal representative with him or her when giving consent, or the defendant has failed or refused to apply for legal aid, or legal aid has been refused or withdrawn.]

Arrangement of extradition hearing after provisional arrest

50.12

(1) This rule applies when the Secretary of State serves on the court officer—

(a) a request for extradition in respect of which a defendant has been arrested—

(i) under a provisional arrest warrant to which rule 50.10 applies, or

(ii) under section 74A of the Extradition Act 2003, without a warrant;

(b) a certificate given by the Secretary of State that the request was received in the way approved for the request; and

(2) Unless a time limit for service of the request has expired, the court must—

(a) give directions for an extradition hearing to begin—

(i) no more than 2 months after service of the request, or

(ii) if either party so applies, at such a later date as the court decides is in the interests of justice;

(b) consider any ancillary application, including an application about bail pending the extradition hearing; and

[Note. See section 76 of the Extradition Act 2003.]

Extradition hearing

50.13

(1) This rule applies at the extradition hearing directed under rule 50.9 or rule 50.12.

(2) In the following sequence, the court must decide—

(a) whether the documents served on the court officer by the Secretary of State include—

(i) those listed in rule 50.8(1) or rule 50.12(1), as the case may be,

(ii) particulars of the person whose extradition is requested,

(iii) particulars of the offence specified in the request, and

(iv) as the case may be, a warrant for the defendant’s arrest, or a certificate of the defendant’s conviction and (if applicable) sentence, issued in the requesting territory;

(b) whether the defendant is the person whose extradition is requested;

(d) whether the documents served on the court officer by the Secretary of State have been served also on the defendant;

(e) whether a bar to extradition applies, namely—

(i) the rule against double jeopardy,

(ii) extraneous considerations,

(iii) the passage of time,

(iv) hostage-taking considerations, or

(v) forum;

(f) where the request accuses the defendant of an offence, whether there is evidence which would be sufficient to make a case requiring an answer by the defendant if the extradition proceedings were a trial (unless the Secretary of State has otherwise ordered, for this purpose);

(g) where the request accuses the defendant of being unlawfully at large after conviction, whether the defendant was—

(i) convicted in his or her presence, or

(ii) absent deliberately;

(h) where the request accuses the defendant of being unlawfully at large after conviction, and the defendant was absent but not deliberately—

(i) whether the defendant would be entitled to a retrial (or to a review of the conviction amounting to a retrial), and

(ii) if so, whether there is evidence which would be sufficient to make a case requiring an answer by the defendant if the extradition proceedings were a trial (unless the Secretary of State has otherwise ordered, for this purpose);

(i) whether extradition would be compatible with the defendant’s human rights;

(j) whether it would be unjust or oppressive to extradite the defendant because of his or her physical or mental condition; and

(k) after deciding each of (a) to (j) above, before progressing to the next, whether to order the defendant’s discharge.

(3) If the court discharges the defendant, the court must consider any ancillary application, including an application about—

(a) reporting restrictions; or

(b) costs.

(4) If the court does not discharge the defendant, the court must—

(a) exercise its power to send the case to the Secretary of State to decide whether to extradite the defendant;

(b) explain, in terms the defendant can understand (with help, if necessary), that—

(i) the defendant may appeal to the High Court not more than 14 days after being informed of the Secretary of State’s decision, and

(ii) any such appeal brought before the Secretary of State’s decision has been made will not be heard until after that decision; and

(i) bail pending extradition,

(ii) reporting restrictions, or

(iii) costs.

(5) If the Secretary of State orders the defendant’s extradition, the court must order its postponement where—

(a) the defendant has been charged with an offence in the United Kingdom; or

(b) the defendant has been sentenced to imprisonment or detention in the United Kingdom.

[Note. See sections 78, 79, 84, 85, 86, 87, 91, 92, 137 and 138 of the Extradition Act 2003¹³⁰⁷.

Discharge where extradition request withdrawn

50.14

(1) This rule applies where the Secretary of State gives the court officer notice that the extradition request has been withdrawn—

(a) after the start of the hearing under rule 50.9 or 50.11; and

(b) before the court—

(i) sends the case to the Secretary of State to decide whether to extradite the defendant, or

(ii) discharges the defendant.

(2) The court must exercise its power to discharge the defendant.

[Note. See section 122 of the Extradition Act 2003.]

EVIDENCE AT EXTRADITION HEARING

Introduction of additional evidence

50.15

(1) Where a party wants to introduce evidence at an extradition hearing under the law that would apply if that hearing were a trial, the relevant Part of these Rules applies with such adaptations as the court directs.

(2) If the court admits as evidence the written statement of a witness—

(a) each relevant part of the statement must be read or summarised aloud; or

(b) the court must read the statement and its gist must be summarised aloud.

(3) If a party introduces in evidence a fact admitted by another party, or the parties jointly admit a fact, a written record must be made of the admission.

[Note. The admissibility of evidence that a party introduces is governed by rules of evidence.

DISCHARGE AFTER FAILURE TO COMPLY WITH A TIME LIMIT, ETC.

Defendant’s application to be discharged

50.16

(1) This rule applies where a defendant wants to be discharged—

(a) because of a failure—

(i) to give the defendant a copy of any warrant under which the defendant is arrested as soon as practicable after arrest,

(ii) to bring the defendant before the court as soon as practicable after arrest under a warrant,

(iii) to bring the defendant before the court no more than 48 hours after provisional arrest under Part 1 of the Extradition Act 2003,

(iv) to give the defendant a copy of any certificate enabling provisional arrest without a warrant under section 74A of the 2003 Act as soon as practicable after arrest, or

(v) to bring the defendant before the court as soon as practicable after arrest under that section;

(b) because of a defect in a certificate enabling arrest without a warrant under section 74A of the 2003 Act;

(c) because there were no reasonable grounds on which there could have been issued a certificate enabling arrest without a warrant under section 74A of the 2003 Act;

(d) following the expiry of a time limit for—

(i) service of a warrant to which Part 1 of the 2003 Act applies, after provisional arrest under that Part of the Act (48 hours, under section 6 of the Act¹³¹⁰, unless the court otherwise directs),

(ii) service of an extradition request to which Part 2 of the Act applies, after provisional arrest under that Part of the Act (45 days, under section 74 of the Act¹³¹¹, unless the Secretary of State has otherwise ordered for this purpose),

(iii) receipt of an undertaking that the defendant will be returned to complete a sentence in the United Kingdom, where the court required such an undertaking (21 days, under section 37 of the Act¹³¹²),

(iv) making an extradition order, after the defendant has consented to extradition under Part 1 of the Act (10 days, under section 46 of the Act¹³¹³),

(v) extradition, where an extradition order has been made under Part 1 of the Act and any appeal by the defendant has failed (10 days, under sections 35, 36 and 47 of the Act¹³¹⁴, unless the court otherwise directs),

(vi) extradition, where an extradition order has been made under Part 2 of the Act and any appeal by the defendant has failed (28 days, under sections 117 and 118 of the Act¹³¹⁵),

(vii) the resumption of extradition proceedings, where those proceedings were adjourned pending disposal of another extradition claim which has concluded (21 days, under section 180 of the Act),

(viii) extradition, where extradition has been deferred pending the disposal of another extradition claim which has concluded (21 days, under section 181 of the Act), or

(ix) re-extradition, where the defendant has been returned to the United Kingdom to serve a sentence before serving a sentence overseas (as soon as practicable, under section 187 of the Act¹³¹⁶); or

(e) because an extradition hearing does not begin on the date arranged by the court.

(2) Unless the court otherwise directs—

(a) such a defendant must apply in writing and serve the application on—

(i) the magistrates’ court officer,

(ii) the High Court officer, where paragraph (1)(d)(v) applies, and

(iii) the prosecutor;

(b) the application must explain the grounds on which it is made; and

(c) the court officer must arrange a hearing as soon as practicable, and in any event no later than the second business day after an application is served.

[Note. See sections 4(4) & (5), 6(6) & (7), 8(7) & (8)¹³¹⁷, 35(5), 36(8), 37(7), 46(8)¹³¹⁸, 47(4), 72(5) & (6), 74(5), (6) & (10), 74D(10), 75(4),76(5), 117(3), 118(7), 180(4) & (5), 181(4) & (5) and 187(3) of the Extradition Act 2003.]

SECTION 3: APPEAL TO THE HIGH COURT

[Note. Under Part 1 of the Extradition Act 2003—

(a) a defendant may appeal to the High Court against an order for extradition made by the magistrates’ court; and

(b) the authority requesting the defendant’s extradition may appeal to the High Court against an order for the defendant’s discharge,

(see sections 26 and 28 of the Act¹³¹⁹).

Under Part 2 of the 2003 Act—

(a) a defendant may appeal to the High Court against an order by the magistrates’ court sending a case to the Secretary of State for a decision whether to extradite the defendant;

(b) a defendant may appeal to the High Court against an order for extradition made by the Secretary of State; and

(c) the territory requesting the defendant’s extradition may appeal to the High Court against an order for the defendant’s discharge by the magistrates’ court or by the Secretary of State,

(see sections 103, 105, 108 and 110 of the Act¹³²⁰).

In each case the appellant needs the High Court’s permission to appeal (in the 2003 Act, described as ‘leave to appeal’).]

Exercise of the High Court’s powers

50.17

(1) The general rule is that the High Court must exercise its powers at a hearing in public, but—

(a) that is subject to any power the court has to—

(i) impose reporting restrictions,

(ii) withhold information from the public, or

(iii) order a hearing in private;

(b) despite the general rule, the court may determine without a hearing—

(i) an application for the court to consider out of time an application for permission to appeal to the High Court,

(ii) an application for permission to appeal to the High Court (but a renewed such application must be determined at a hearing),

(iii) an application for permission to appeal from the High Court to the Supreme Court,

(iv) an application for permission to reopen a decision under rule 50.27 (Reopening the determination of an appeal), or

(v) an application concerning bail; and

(i) give case management directions,

(ii) reject a notice or application and, if applicable, dismiss an application for permission to appeal, where rule 50.31 (Payment of High Court fees) applies and the party who served the notice or application fails to comply with that rule, or

(iii) make a determination to which the parties have agreed in writing.

(2) If the High Court so directs, a party may attend a hearing by live link.

(3) The general rule is that where the High Court exercises its powers at a hearing it may do so only if the defendant attends, in person or by live link, but, despite the general rule, the court may exercise its powers in the defendant’s absence if—

(a) the defendant waives the right to attend;

(b) subject to any appeal to the Supreme Court, the result of the court’s order would be the discharge of the defendant; or

(i) the defendant is in custody, or

(ii) the defendant’s presence is impracticable by reason of his or her ill health or disorderly conduct.

(4) If the High Court gives permission to appeal to the High Court—

(a) unless the court otherwise directs, the decision indicates that the appellant has permission to appeal on every ground identified by the appeal notice;

(b) unless the court otherwise directs, the decision indicates that the court finds reasonably arguable each ground on which the appellant has permission to appeal; and

(c) the court must give such directions as are required for the preparation and conduct of the appeal, including a direction as to whether the appeal must be heard by a single judge of the High Court or by a divisional court.

(5) If the High Court decides without a hearing an application for permission to appeal from the High Court to the Supreme Court, the High Court must announce its decision at a hearing in public.

(6) The High Court may—

(a) shorten a time limit or extend it (even after it has expired), unless that is inconsistent with other legislation;

(b) allow or require a party to vary or supplement a notice that that party has served;

(d) allow a notice or application to be in a different form to one issued under the Practice Direction, or to be presented orally.

(7) A party who wants an extension of time within which to serve a notice or make an application must—

(a) apply for that extension of time when serving that notice or making that application; and

(b) give the reasons for the application for an extension of time.

[Note. The time limits for serving an appeal notice are prescribed by the Extradition Act 2003: see rule 50.19.]

Case management in the High Court

50.18

(1) The High Court and the parties have the same duties and powers as under Part 3 (Case management), subject to—

(a) rule 50.2 (Special objective in extradition proceedings); and

(b) paragraph (3) of this rule.

(2) A master of the High Court, a deputy master, or a court officer nominated for the purpose by the Lord Chief Justice—

(a) must fulfil the duty of active case management under rule 3.2, and in fulfilling that duty may exercise any of the powers of case management under—

(i) rule 3.5 (the court’s general powers of case management),

(ii) rule 3.12(3) (requiring a certificate of readiness), and

(iii) rule 3.13 (requiring a party to identify intentions and anticipated requirements),

subject to the directions of a judge of the High Court; and

(b) must nominate a case progression officer under rule 3.4.

(3) Rule 3.6 (Application to vary a direction) does not apply to a decision to give or to refuse—

(a) permission to appeal; or

(b) permission to reopen a decision under rule 50.27 (Reopening the determination of an appeal).

Service of appeal notice

50.19

(1) A party who wants to appeal to the High Court must serve an appeal notice on—

(a) in every case—

(i) the High Court officer,

(ii) the other party, and

(iii) the Director of Public Prosecutions, unless the Director already has the conduct of the proceedings;

(b) the designated authority which certified the arrest warrant, where Part 1 of the Extradition Act 2003 applies; and

(i) an order by the Secretary of State, or

(ii) an order by the magistrates’ court sending a case to the Secretary of State.

(2) A defendant who wants to appeal must serve the appeal notice—

(a) not more than 7 days after the day on which the magistrates’ court makes an order for the defendant’s extradition, starting with that day, where that order is under Part 1 of the Extradition Act 2003; or

(b) not more than 14 days after the day on which the Secretary of State informs the defendant of the Secretary of State’s decision, starting with that day, where under Part 2 of the Act—

(i) the magistrates’ court sends the case to the Secretary of State for a decision whether to extradite the defendant, or

(ii) the Secretary of State orders the defendant’s extradition.

(3) An authority or territory seeking the defendant’s extradition which wants to appeal against an order for the defendant’s discharge must serve the appeal notice—

(a) not more than 7 days after the day on which the magistrates’ court makes that order, starting with that day, if the order is under Part 1 of the Extradition Act 2003;

(b) not more than 14 days after the day on which the magistrates’ court makes that order, starting with that day, if the order is under Part 2 of the Act; or

(c) not more than 14 days after the day on which the Secretary of State informs the territory’s representative of the Secretary of State’s order, starting with that day, where the order is under Part 2 of the Act.

[Note. See sections 26, 28, 103, 105, 108 and 110 of the Extradition Act 2003¹³²¹. The time limits for serving an appeal notice are prescribed by those sections. They may be neither shortened nor extended, but—

(a) if a defendant applies out of time for permission to appeal to the High Court the court must not for that reason refuse to consider the application if the defendant did everything reasonably possible to ensure that the notice was given as soon as it could be;

(b) a defendant may apply out of time for permission to appeal to the High Court on human rights grounds against an order for extradition made by the Secretary of State; and

(c) where the time for appeal otherwise would expire at a weekend or on a public holiday it is treated as expiring at the end of the next business day.

Form of appeal notice

50.20

(1) An appeal notice constitutes—

(a) an application to the High Court for permission to appeal to that court; and

(b) an appeal to that court, if the court gives permission.

(2) In every case, the appeal notice must—

(a) specify—

(i) the date of the defendant’s arrest under Part 1 or Part 2 of the Extradition Act 2003, and

(ii) the decision about which the appellant wants to appeal, including the date of that decision;

(b) identify each ground of appeal on which the appellant relies;

(d) include or attach a copy of—

(i) the warrant or the request for the defendant’s extradition,

(ii) any material served by the authority or territory requesting the defendant’s extradition in support of the warrant or the request,

(iii) the reasons for the decision about which the appellant wants to appeal, or a note of those reasons agreed between the parties and approved by the magistrates’ court, and

(iv) any other document or material on which the appellant relies; and

(e) include or attach a list of those on whom the appellant has served the appeal notice.

(3) If an appeal notice omits information, a document or material required by paragraph (2), then unless the High Court otherwise directs—

(a) the High Court officer must serve on the appellant a notice—

(i) identifying the omission or omissions, and

(ii) requiring the supply of the missing information, document or material within a period specified in the notice;

(b) the appellant must comply with that requirement; and

(c) if within the period specified in the notice the missing information, document or material has not been supplied, the High Court may exercise its power—

(i) to reject the appeal notice, and

(ii) to dismiss the application for permission to appeal in consequence of that rejection.

(4) If a defendant serves an appeal notice after the expiry of the time limit specified in rule 50.19 (Service of appeal notice)—

(a) the notice must—

(i) explain what the defendant did to ensure that it was served as soon as it could be, and

(ii) include or attach such evidence as the defendant relies upon to support that explanation; and

(b) where the appeal is on human rights grounds against an order for extradition made by the Secretary of State, the notice must explain why—

(i) the appeal is necessary to avoid real injustice, and

(ii) the circumstances are exceptional and make it appropriate to consider the appeal.

(5) Unless the High Court otherwise directs, the appellant may amend the appeal notice—

(a) by serving on those listed in rule 50.19(1) the appeal notice as so amended; and

(b) not more than 10 business days after service of the appeal notice.

(6) Where the appeal is against an order by the magistrates’ court—

(a) if the grounds of appeal are that the magistrates’ court ought to have decided differently a question of fact or law at the extradition hearing, the appeal notice must—

(i) identify that question,

(ii) explain what decision the magistrates’ court should have made, and why, and

(iii) explain why the magistrates’ court would have been required not to make the order under appeal, if that question had been decided differently; and

(b) if the grounds of appeal are that there is an issue which was not raised at the extradition hearing, or that evidence is available which was not available at the extradition hearing, the appeal notice must—

(i) identify that issue or evidence,

(ii) explain why it was not then raised or available,

(iii) explain why that issue or evidence would have resulted in the magistrates’ court deciding a question differently at the extradition hearing, and

(iv) explain why, if the court had decided that question differently, the court would have been required not to make the order it made.

(7) Where the appeal is against an order by the Secretary of State—

(a) if the grounds of appeal are that the Secretary of State ought to have decided differently a question of fact or law, the appeal notice must—

(i) identify that question,

(ii) explain what decision the Secretary of State should have made, and why, and

(iii) explain why the Secretary of State would have been required not to make the order under appeal, if that question had been decided differently; and

(b) if the grounds of appeal are that there is an issue which was not raised when the case was being considered by the Secretary of State, or that information is available which was not then available, the appeal notice must—

(i) identify that issue or information,

(ii) explain why it was not then raised or available,

(iii) explain why that issue or information would have resulted in the Secretary of State deciding a question differently, and

(iv) explain why, if the Secretary of State had decided that question differently, the order under appeal would not have been made.

Respondent’s notice

50.21

(1) A party on whom an appellant serves an appeal notice under rule 50.19 may serve a respondent’s notice, and must do so if—

(a) that party wants to make representations to the High Court; or

(b) the court so directs.

(2) Such a party must serve any such notice on—

(a) the High Court officer;

(b) the appellant;

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