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Case 1:20-cr-00330-AJN Document 97-21 Filed 12/14/20 Page 6 of 29

9. A requested person may appeal the decision of the appropriate judge to send the case to the Secretary of State, the decision of the Secretary of State to order extradition, or both²⁸, except in consent cases where the person is deemed to have waived their rights of appeal²⁹. Where the requested person is discharged at the extradition hearing or by the Secretary of State, the requesting government may appeal the decision to discharge³⁰. Extradition appeals are heard by the High Court. An appeal may be brought on a question of law or fact and may not be brought unless the court grants leave to appeal which requires the Appellant to establish that there is a reasonably arguable ground of appeal³¹.

10. Either party may appeal a decision of the High Court to the Supreme Court, but only where the High Court has certified that the decision involves a point of law of general public importance, and either the High Court or the Supreme Court concludes that the point is one that ought to be considered by the Supreme Court³². Where leave is granted, the Supreme Court may either grant the appeal, or dismiss it³³. In practice, such appeals are extremely rare; in the past ten years, only one US extradition case has been considered by the Supreme Court³⁴.

11. In some cases, a requested person may apply to the European Court of Human Rights and seek an injunction to prevent the extradition from taking place until the application is determined³⁵. Such applications, which must be based on an alleged violation of a right under the ECHR³⁶, are also very rare.

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²⁶ Extradition Act 2003, s. 93(4).

²⁷ The exceptions are: (a) that the Secretary of State is informed that the request has been withdrawn (s. 93(4)(a)); (b) there is a competing claim for extradition from another state (ss. 93(4)(b), 126(2) and 179(2)); (c) the person has been granted asylum or humanitarian protection in the United Kingdom (s. 93(4)(c) and 6(A)); or (d) extradition would be against the interests of UK national security (s. 208).

²⁸ Extradition Act 2003, ss.103 and 108.

²⁹ Extradition Act 2003, ss. 103(2) and 108(2).

³⁰ Extradition Act 2003, ss. 105 and 110.

³¹ Extradition Act 2003, ss. 103(4), 105(4), 108(3) and 110(4) and Criminal Procedure Rules (‘CrimPR’), r. 50.17(4)(b).

³² Extradition Act 2003, s. 114(4).

³³ Extradition Act 2003, s. 115(1).

³⁴ Norris v Government of the United States of America [2010] 2 AC 487.

³⁵ ECHR, Art. 34 and European Court of Human Rights, Rules of the Court, r. 39.

³⁶ ECHR, Art. 34.

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