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UPDATE TO CRIMINAL PROCEDURE RULES : EXTRADITION APPEALS UPDATE

Posted by: Gherson Extradition

Amendments to the Criminal Procedure Rules 2014 came into force on 6 October 2014. Part 17 of the Rules covers extradition proceedings. The new Rules add some clarity to the revised appeals system in extradition cases.

The Anti Social Behaviour Crime and Policing Act 2014 introduced a permission stage to extradition appeals from the Magistrates' Court to the High Court meaning that appellants must first obtain permission to bring an appeal.

However, these amendments have not yet been brought into force. As things stand appeals to the High Court may still be brought as of right in extradition cases pending the enactment of the provisions. It remains to be seen when the permission stage will be brought into force.

Time limits for bring appeals remain extremely short. However, amendments to the Rules now mean that the High Court should not refuse to consider an application if the applicant has done everything reasonably possible to ensure that notice was given as soon as possible. It is also possible to appeal out of time against the Secretary of State for the Home Department's decision on human rights grounds in Part 2 cases

It is not yet clear how out of time applications in Part 1 cases will be treated by the High Court. The best advice remains to take advice regarding any appeal as soon as possible and to comply with the time limits imposed under the Act.

 

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2014

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