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England and Wales · Extradition procedures

When must a Part 2 party ask the High Court for Supreme Court leave?

Section 114(5) gives fourteen days starting with the High Court decision on an appeal under sections 103, 105, 108 or 110. CrimPR 50.25 distinguishes an immediate oral application from written service. A certificate of general public importance remains a separate statutory requirement.

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Period
Ordinary 14 days
Trigger
Actual High Court decision on the qualifying Part 2 appeal
Rule
Extradition Act 2003 section 114(5)
Extradition Act 2003 section 114(5)

The sources for part 2 supreme court leave from high court deadline were checked. This period follows the High Court merits decision. A later High Court refusal creates a different section 114(6) Supreme Court application period.

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When must a Part 2 party ask the High Court for Supreme Court leave?

Section 114(5) gives fourteen days starting with the High Court decision on an appeal under sections 103, 105, 108 or 110. CrimPR 50.25 distinguishes an immediate oral application from written service. A certificate of general public importance remains a separate statutory requirement.

Responsible actor. The defendant or category 2 territory party seeking High Court leave under section 114.

Actual High Court decision on the qualifying Part 2 appeal

High Court decision on an in-scope Part 2 appeal under sections 103/105/108/110 is established. The section 114 certificate and proper application completion remain separate requirements.

High Court decision on an in-scope Part 2 appeal under sections 103/105/108/110 is established. The section 114 certificate and proper application completion remain separate requirements. The reviewed calendar for part 2 supreme court leave from high court deadline covers established events and final dates in 2026 and 2027.

Extradition Act 2003 section 114(5)

How does this provision count time?

  1. Include the established statutory event day as day one. Count the specified calendar days to the inclusive endpoint. This period follows the High Court merits decision. A later High Court refusal creates a different section 114(6) Supreme Court application period.
  2. For a written application, serve the High Court officer and every other party, identify the proposed certified point and supply the required reasons and related applications.

Include the established statutory event day as day one. Count the specified calendar days to the inclusive endpoint. This period follows the High Court merits decision. A later High Court refusal creates a different section 114(6) Supreme Court application period.

Only an established ordinary business-day endpoint is supported for part 2 supreme court leave from high court deadline. A weekend or public-holiday endpoint requires separate review of the applicable statutory procedure. For a written application, serve the High Court officer and every other party, identify the proposed certified point and supply the required reasons and related applications.

Extradition Act 2003 section 114(5)

What do independently checked examples show?

Fictitious example

High Court decision on an in-scope Part2 appeal under sections103/105/108/110 is established. The section114 certificate and proper application completion remain separate requirements. Fictitious source-qualified actual event on Friday, October 9, 2026. Applicable confirmations are expressly established. No additional closure or order variation. Ordinary autumn weekday example.

Example counting steps
StepWhat is countedDate
Example 1. Ordinary established factsHigh Court decision on an in-scope Part2 appeal under sections103/105/108/110 is established. The section114 certificate and proper application completion remain separate requirements. Fictitious source-qualified actual event on Friday, October 9, 2026. Applicable confirmations are expressly established. No additional closure or order variation. Ordinary autumn weekday example. Independent date enumeration follows the retained statute/rule. The first counted date and actual endpoint are retained; no application result is used as the oracle.Thursday, October 22, 2026
Example 2. Closed-day boundaryHigh Court decision on an in-scope Part2 appeal under sections103/105/108/110 is established. The section114 certificate and proper application completion remain separate requirements. Fictitious source-qualified actual event on Tuesday, February 9, 2027. Applicable confirmations are expressly established. No additional closure or order variation. Different source-covered year; Easter exclusions apply to business-day counting. Independent date enumeration follows the retained statute/rule. The first counted date and actual endpoint are retained; no application result is used as the oracle. This example crosses intermediate nonbusiness days. Statutory calendar periods include them; the two respondent business-day periods exclude them. No unsupported final-day extension is inferred.Monday, February 22, 2027
Example 3. Material procedural branchHigh Court decision on an in-scope Part2 appeal under sections103/105/108/110 is established. The section114 certificate and proper application completion remain separate requirements. Fictitious source-qualified actual event on Wednesday, December 23, 2026. Applicable confirmations are expressly established. No additional closure or order variation. Internal Christmas or New Year holidays test the applicable calendar and year boundary. Independent date enumeration follows the retained statute/rule. The first counted date and actual endpoint are retained; no application result is used as the oracle.Tuesday, January 5, 2027
Example resultThursday, October 22, 2026

Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.

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Which conditions and exceptions apply?

Actual procedure and actor
High Court decision on an in-scope Part 2 appeal under sections 103/105/108/110 is established. The section 114 certificate and proper application completion remain separate requirements.
Required completion
For a written application, serve the High Court officer and every other party, identify the proposed certified point and supply the required reasons and related applications.
Distinct neighboring branch
This period follows the High Court merits decision. A later High Court refusal creates a different section 114(6) Supreme Court application period.
Extradition Act 2003 section 114(5)
  • High Court decision on an in-scope Part 2 appeal under sections 103/105/108/110 is established. The section 114 certificate and proper application completion remain separate requirements. The reviewed calendar for part 2 supreme court leave from high court deadline covers established events and final dates in 2026 and 2027.
  • This period follows the High Court merits decision. A later High Court refusal creates a different section 114(6) Supreme Court application period.

What must the responsible actor complete?

Questions about this procedure

When must a Part 2 party ask the High Court for Supreme Court leave?

Which Part 2 appeals can lead to section 114 leave?

Section 114(1) lists appeals under sections 103, 105, 108 and 110. Confirm the actual appeal provision before selecting this branch.

Extradition Act 2003 section 114(5)

Who may seek leave on a Part 2 appeal?

Section 114(2) identifies the requested person and a person acting on behalf of the category 2 territory.

Extradition Act 2003 section 114(5)

Does the High Court decision date count in section 114(5)?

Yes. The fourteen-day permitted period starts with the day the High Court makes its decision on the appeal.

Extradition Act 2003 section 114(5)

Is written application the only method permitted in the High Court?

CrimPR 50.25 also permits oral application immediately after the decision. The written branch requires service on the High Court officer and every other party.

Extradition Act 2003 section 114(5)

Must the High Court certify a point before Supreme Court leave is granted?

Section 114(4) requires certification of a point of law of general public importance and the granting court’s assessment that it ought to be considered.

Extradition Act 2003 section 114(5)

Does general High Court case management extend section 114(5)?

The note to CrimPR 50.25 states that these statutory permission limits may be neither shortened nor extended. Do not assume general variation is available.

Extradition Act 2003 section 114(5)

Official sources and review

Provisions used (4)
Provisions used in this guide
ProvisionPurpose
Extradition Act 2003 section 114(5)Check the identified procedure, event, counting rule or qualification
CrimPR 2.2, definition of business dayCheck the identified procedure, event, counting rule or qualification
CrimPR 4.11, actual and deemed serviceCheck the identified procedure, event, counting rule or qualification
Current Criminal Procedure Rules official collectionCheck the identified procedure, event, counting rule or qualification
Read the official controlling provision

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