England and Wales · Extradition procedures
When must the Secretary of State receive a Part 2 undertaking?
Section 119(6) gives twenty-one days starting with the conditional extradition order for the Secretary of State to receive the undertaking. If it is not received in time and the person applies to the High Court, that court must order discharge. Judge receipt is not the statutory completion.
- Period
- Ordinary 21 days
- Trigger
- Actual Secretary of State order imposing the section 119 undertaking condition
- Rule
- Extradition Act 2003 section 119(6)
The sources for part 2 extradition undertaking receipt deadline were checked. Part 2 section 119 uses Secretary of State receipt and a High Court application. Part 1 section 37 uses judge receipt and the appropriate-judge application.
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When must the Secretary of State receive a Part 2 undertaking?
Section 119(6) gives twenty-one days starting with the conditional extradition order for the Secretary of State to receive the undertaking. If it is not received in time and the person applies to the High Court, that court must order discharge. Judge receipt is not the statutory completion.
Responsible actor. The requesting side supplying the undertaking required by the Secretary of State.
Actual Secretary of State order imposing the section 119 undertaking condition
Secretary of State section 119 undertaking condition is established for a person serving a UK sentence. The undertaking must actually reach the Secretary of State, not merely the judge or requesting authority.
Secretary of State section 119 undertaking condition is established for a person serving a UK sentence. The undertaking must actually reach the Secretary of State, not merely the judge or requesting authority. The reviewed calendar for part 2 extradition undertaking receipt deadline covers established events and final dates in 2026 and 2027.
Extradition Act 2003 section 119(6)How does this provision count time?
- Include the established statutory event day as day one. Count the specified calendar days to the inclusive endpoint. Part 2 section 119 uses Secretary of State receipt and a High Court application. Part 1 section 37 uses judge receipt and the appropriate-judge application.
- Preserve the actual Secretary of State condition and receipt of the undertaking in the specified terms. Check the correct High Court discharge route and any resulting removal reset.
Include the established statutory event day as day one. Count the specified calendar days to the inclusive endpoint. Part 2 section 119 uses Secretary of State receipt and a High Court application. Part 1 section 37 uses judge receipt and the appropriate-judge application.
Only an established ordinary business-day endpoint is supported for part 2 extradition undertaking receipt deadline. A weekend or public-holiday endpoint requires separate review of the applicable statutory procedure. Preserve the actual Secretary of State condition and receipt of the undertaking in the specified terms. Check the correct High Court discharge route and any resulting removal reset.
Extradition Act 2003 section 119(6)What do independently checked examples show?
Fictitious example
Secretary of State section119 undertaking condition is established for a person serving a UK sentence. The undertaking must actually reach the Secretary of State, not merely the judge or requesting authority. 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.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Secretary of State section119 undertaking condition is established for a person serving a UK sentence. The undertaking must actually reach the Secretary of State, not merely the judge or requesting authority. 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 29, 2026 |
| Example 2. Closed-day boundary | Secretary of State section119 undertaking condition is established for a person serving a UK sentence. The undertaking must actually reach the Secretary of State, not merely the judge or requesting authority. 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, March 1, 2027 |
| Example 3. Material procedural branch | Secretary of State section119 undertaking condition is established for a person serving a UK sentence. The undertaking must actually reach the Secretary of State, not merely the judge or requesting authority. Fictitious source-qualified actual event on Wednesday, December 16, 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 |
Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.
Try these dates in the calculatorWhich conditions and exceptions apply?
- Actual procedure and actor
- Secretary of State section 119 undertaking condition is established for a person serving a UK sentence. The undertaking must actually reach the Secretary of State, not merely the judge or requesting authority.
- Required completion
- Preserve the actual Secretary of State condition and receipt of the undertaking in the specified terms. Check the correct High Court discharge route and any resulting removal reset.
- Distinct neighboring branch
- Part 2 section 119 uses Secretary of State receipt and a High Court application. Part 1 section 37 uses judge receipt and the appropriate-judge application.
- Secretary of State section 119 undertaking condition is established for a person serving a UK sentence. The undertaking must actually reach the Secretary of State, not merely the judge or requesting authority. The reviewed calendar for part 2 extradition undertaking receipt deadline covers established events and final dates in 2026 and 2027.
- Part 2 section 119 uses Secretary of State receipt and a High Court application. Part 1 section 37 uses judge receipt and the appropriate-judge application.
What must the responsible actor complete?
Questions about this procedure
When must the Secretary of State receive a Part 2 undertaking?
Who must receive the undertaking under section 119?
The Secretary of State must receive it. Delivery only to the appropriate judge does not establish the subsection (6) receipt event.
Extradition Act 2003 section 119(6)What starts the Part 2 twenty-one-day undertaking period?
The day the Secretary of State makes the order subject to the section 119(2) condition. That order day is included.
Extradition Act 2003 section 119(6)Does section 119 apply merely because the person has a UK sentence?
An actual section 119(2) undertaking condition is also required. The sentence and the conditional order must both be established.
Extradition Act 2003 section 119(6)Where does the person apply if the undertaking is not received?
Section 119(6) specifies the High Court. Do not substitute the Part 1 section 37 forum.
Extradition Act 2003 section 119(6)How can timely receipt change no-appeal Part 2 removal?
Section 119(7)(a) starts twenty-eight days with the Secretary of State’s receipt where section 117 applies.
Extradition Act 2003 section 119(6)How does timely receipt interact with a pending appeal outcome?
Section 119(7)(b) uses the later of relevant appeal finality and undertaking receipt in the section 118 branch.
Extradition Act 2003 section 119(6)Official sources and review
Provisions used (4)
| Provision | Purpose |
|---|---|
| Extradition Act 2003 section 119(6) | 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 |