England and Wales · Extradition procedures
How quickly must a discharge application hearing be arranged?
CrimPR 50.16(2)(c) ordinarily requires a hearing as soon as practicable and no later than the second business day after service of the written application. A different court direction may apply. The two-day outer limit does not remove the duty to act sooner where practicable.
- Period
- Ordinary 2 business days
- Trigger
- Service of the written application for discharge
- Rule
- Criminal Procedure Rules 2025 rule 50.16
The sources for extradition discharge application hearing guide were checked. The court officer’s prompt listing duty follows a discharge application. It is different from the underlying extradition, documents, undertaking or removal period whose breach is alleged.
Source guide · No automated date
Check the applicable procedure
CrimPR 50.16(2)(c) ordinarily requires a hearing as soon as practicable and no later than the second business day after service of the written application. A different court direction may apply. The two-day outer limit does not remove the duty to act sooner where practicable. Serve a reasoned written application on the required court officer or officers and prosecutor, then check actual listing directions. The listing duty does not determine whether discharge is legally available.
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How quickly must a discharge application hearing be arranged?
CrimPR 50.16(2)(c) ordinarily requires a hearing as soon as practicable and no later than the second business day after service of the written application. A different court direction may apply. The two-day outer limit does not remove the duty to act sooner where practicable.
Responsible actor. The court officer arranging a qualifying written discharge-application hearing.
Service of the written application for discharge
The actual written discharge application has been served; no contrary listing direction. The court officer’s two-business-day listing duty is not the defendant’s filing deadline or a guaranteed discharge outcome.
The actual written discharge application has been served; no contrary listing direction. The court officer’s two-business-day listing duty is not the defendant’s filing deadline or a guaranteed discharge outcome. The court officer’s prompt listing duty follows a discharge application. It is different from the underlying extradition, documents, undertaking or removal period whose breach is alleged.
Criminal Procedure Rules 2025 rule 50.16How does this provision count time?
- CrimPR 50.16(2)(c) ordinarily requires a hearing as soon as practicable and no later than the second business day after service of the written application. A different court direction may apply. The two-day outer limit does not remove the duty to act sooner where practicable. The court officer’s prompt listing duty follows a discharge application. It is different from the underlying extradition, documents, undertaking or removal period whose breach is alleged.
- Serve a reasoned written application on the required court officer or officers and prosecutor, then check actual listing directions. The listing duty does not determine whether discharge is legally available.
CrimPR 50.16(2)(c) ordinarily requires a hearing as soon as practicable and no later than the second business day after service of the written application. A different court direction may apply. The two-day outer limit does not remove the duty to act sooner where practicable. The court officer’s prompt listing duty follows a discharge application. It is different from the underlying extradition, documents, undertaking or removal period whose breach is alleged.
The rule uses business days. Check the relevant court-office service calendar and actual listing direction, rather than treating calendar days as equivalent. Serve a reasoned written application on the required court officer or officers and prosecutor, then check actual listing directions. The listing duty does not determine whether discharge is legally available.
Criminal Procedure Rules 2025 rule 50.16Which facts prevent one automatic date?
CrimPR 50.16(2)(c) ordinarily requires a hearing as soon as practicable and no later than the second business day after service of the written application. A different court direction may apply. The two-day outer limit does not remove the duty to act sooner where practicable. Serve a reasoned written application on the required court officer or officers and prosecutor, then check actual listing directions. The listing duty does not determine whether discharge is legally available.
A reasoned written discharge application has been served on the required recipients. The court officer’s prompt listing duty follows a discharge application. It is different from the underlying extradition, documents, undertaking or removal period whose breach is alleged. The officer must arrange a hearing as soon as practicable, with an ordinary second-business-day outer limit. Earlier practicability still matters.
A public holiday lies between actual service and the apparent outer limit. The court officer’s prompt listing duty follows a discharge application. It is different from the underlying extradition, documents, undertaking or removal period whose breach is alleged. The rule uses business days. Check the relevant court-office service calendar and actual listing direction, rather than treating calendar days as equivalent.
The court directs a different discharge-application timetable. The court officer’s prompt listing duty follows a discharge application. It is different from the underlying extradition, documents, undertaking or removal period whose breach is alleged. Rule 50.16(2) permits another direction. Neither the ordinary outer limit nor the listing itself establishes entitlement to discharge.
Which conditions and exceptions apply?
- Actual procedure and actor
- The actual written discharge application has been served; no contrary listing direction. The court officer’s two-business-day listing duty is not the defendant’s filing deadline or a guaranteed discharge outcome.
- Required completion
- Serve a reasoned written application on the required court officer or officers and prosecutor, then check actual listing directions. The listing duty does not determine whether discharge is legally available.
- Distinct neighboring branch
- The court officer’s prompt listing duty follows a discharge application. It is different from the underlying extradition, documents, undertaking or removal period whose breach is alleged.
- The actual written discharge application has been served; no contrary listing direction. The court officer’s two-business-day listing duty is not the defendant’s filing deadline or a guaranteed discharge outcome. The court officer’s prompt listing duty follows a discharge application. It is different from the underlying extradition, documents, undertaking or removal period whose breach is alleged.
- The court officer’s prompt listing duty follows a discharge application. It is different from the underlying extradition, documents, undertaking or removal period whose breach is alleged.
What must the responsible actor complete?
Questions about this procedure
How quickly must a discharge application hearing be arranged?
Is the second business day a guaranteed discharge hearing date?
No. Rule 50.16 requires arrangement as soon as practicable and sets an ordinary outer limit, subject to a different court direction.
Criminal Procedure Rules 2025 rule 50.16Does the court officer count from the alleged statutory breach?
Rule 50.16(2)(c) uses service of the written application. The underlying breach date is a different event.
Criminal Procedure Rules 2025 rule 50.16Who receives the written discharge application?
Rule 50.16(2)(a) identifies the magistrates’ court officer, the High Court officer in the specified branch, and the prosecutor.
Criminal Procedure Rules 2025 rule 50.16Must the application explain why discharge is sought?
Rule 50.16(2)(b) requires the grounds. The relevant statutory provision and actual failure must be identified.
Criminal Procedure Rules 2025 rule 50.16Does every alleged delay lead to mandatory discharge?
Rule 50.16 lists several different statutory routes. Their conditions, applications and any reasonable-cause or other qualification must be examined individually.
Criminal Procedure Rules 2025 rule 50.16Can the court direct another discharge-application timetable?
Rule 50.16(2) expressly opens with unless the court otherwise directs. Preserve the actual direction and do not present the ordinary outer limit as universal.
Criminal Procedure Rules 2025 rule 50.16Official sources and review
Provisions used (4)
| Provision | Purpose |
|---|---|
| Criminal Procedure Rules 2025 rule 50.16 | Check the identified procedure, event, counting rule or qualification |
| CrimPR 2.2, definition of business day | Check the identified procedure, event, counting rule or qualification |
| CrimPR 4.11, actual and deemed service | Check the identified procedure, event, counting rule or qualification |
| Current Criminal Procedure Rules official collection | Check the identified procedure, event, counting rule or qualification |