When is the deadline for date of the part 2 extradition hearing after arrest under a s.71 warrant?
The catalogue records a 2 months period from Date on which the person first appears or is brought before the appropriate judge. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 2 months
- Trigger
- Date on which the person first appears or is brought before the appropriate judge
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
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This route remains in preparation until a pinpoint official source is recorded.
- Freely extendable under s.75(3) on the application of either party, in the interests of justice, and 'this subsection may apply more than once'. Contested Part 2 hearings, especially US and India cases, routinely run far beyond two months. Note that unlike s.8(7), s.75(4) has NO 'reasonable cause' saving: if the hearing does not begin on the date fixed (as extended) and the person applies, discharge is mandatory. So the extension application must be made BEFORE the fixed date.
- Calendar months from the first appearance date. CrimPR 50.9(2)(b) mirrors it: arrange for the hearing to begin 'no more than 2 months later, or ... at such a later date as the court decides is in the interests of justice'.