England and Wales · Extradition procedures
When must Part 1 removal occur if there is no effective appeal?
Section 35 ordinarily requires extradition within ten days starting with its specified start. With no timely notice, that is the first day after the section 26 permitted period. Where timely notice is refused, actual finality of the refusal matters. Agreement, postponement and undertaking branches may change the start.
- Period
- Ordinary 10 days
- Trigger
- Independently established ordinary section 35 removal start
- Rule
- Extradition Act 2003 section 35(4)
The sources for part 1 removal deadline without an appeal were checked. The Part 1 no-appeal removal start is not simply the extradition-order day. It differs from the Part 2 no-appeal removal branch.
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When must Part 1 removal occur if there is no effective appeal?
Section 35 ordinarily requires extradition within ten days starting with its specified start. With no timely notice, that is the first day after the section 26 permitted period. Where timely notice is refused, actual finality of the refusal matters. Agreement, postponement and undertaking branches may change the start.
Responsible actor. The authority carrying out the Part 1 extradition order.
Independently established ordinary section 35 removal start
Section35 applies, no consent/section 48 order. The established start is the first day after the ordinary section 26 permitted period, or the final refusal date as applicable. No later agreement, postponement or undertaking reset.
Section35 applies, no consent/section 48 order. The established start is the first day after the ordinary section 26 permitted period, or the final refusal date as applicable. No later agreement, postponement or undertaking reset. The reviewed calendar for part 1 removal deadline without an appeal covers established events and final dates in 2026 and 2027.
Extradition Act 2003 section 35(4)How does this provision count time?
- Include the established statutory event day as day one. Count the specified calendar days to the inclusive endpoint. The Part 1 no-appeal removal start is not simply the extradition-order day. It differs from the Part 2 no-appeal removal branch.
- Establish the section 35 branch and actual start, then verify removal itself. A discharge application and any reasonable cause for delay are separate matters.
Include the established statutory event day as day one. Count the specified calendar days to the inclusive endpoint. The Part 1 no-appeal removal start is not simply the extradition-order day. It differs from the Part 2 no-appeal removal branch.
Only an established ordinary business-day endpoint is supported for part 1 removal deadline without an appeal. A weekend or public-holiday endpoint requires separate review of the applicable statutory procedure. Establish the section 35 branch and actual start, then verify removal itself. A discharge application and any reasonable cause for delay are separate matters.
Extradition Act 2003 section 35(4)What do independently checked examples show?
Fictitious example
Section35 applies, no consent/section48 order. The established start is the first day after the ordinary section26 permitted period, or the final refusal date as applicable. No later agreement, postponement or undertaking reset. Fictitious source-qualified actual event on Saturday, October 10, 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 | Section35 applies, no consent/section48 order. The established start is the first day after the ordinary section26 permitted period, or the final refusal date as applicable. No later agreement, postponement or undertaking reset. Fictitious source-qualified actual event on Saturday, October 10, 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. | Monday, October 19, 2026 |
| Example 2. Closed-day boundary | Section35 applies, no consent/section48 order. The established start is the first day after the ordinary section26 permitted period, or the final refusal date as applicable. No later agreement, postponement or undertaking reset. 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. | Thursday, February 18, 2027 |
| Example 3. Material procedural branch | Section35 applies, no consent/section48 order. The established start is the first day after the ordinary section26 permitted period, or the final refusal date as applicable. No later agreement, postponement or undertaking reset. Fictitious source-qualified actual event on Tuesday, December 29, 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. | Thursday, January 7, 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
- Section35 applies, no consent/section 48 order. The established start is the first day after the ordinary section 26 permitted period, or the final refusal date as applicable. No later agreement, postponement or undertaking reset.
- Required completion
- Establish the section 35 branch and actual start, then verify removal itself. A discharge application and any reasonable cause for delay are separate matters.
- Distinct neighboring branch
- The Part 1 no-appeal removal start is not simply the extradition-order day. It differs from the Part 2 no-appeal removal branch.
- Section35 applies, no consent/section 48 order. The established start is the first day after the ordinary section 26 permitted period, or the final refusal date as applicable. No later agreement, postponement or undertaking reset. The reviewed calendar for part 1 removal deadline without an appeal covers established events and final dates in 2026 and 2027.
- The Part 1 no-appeal removal start is not simply the extradition-order day. It differs from the Part 2 no-appeal removal branch.
What must the responsible actor complete?
Questions about this procedure
When must Part 1 removal occur if there is no effective appeal?
Does the ten-day removal period start on the extradition-order day?
Not ordinarily under section 35. The no-notice branch starts on the first day after the section 26 permitted period.
Extradition Act 2003 section 35(4)What if a timely Part 1 notice is followed by refusal of leave?
Section 35(4)(a)(ii) uses the day the refusal becomes final. Section 35(4ZA) requires the rules-based finality analysis.
Extradition Act 2003 section 35(4)Can the judge and issuing authority agree a later removal start?
Section 35(4)(b) allows an agreed later date. Actual agreement must be established; the calculator cannot infer it.
Extradition Act 2003 section 35(4)Can a postponement order change the section 35 start?
Section 35(4A) addresses the earliest lawful execution day under the identified postponement provisions. Read the actual order.
Extradition Act 2003 section 35(4)Is discharge inevitable if the ten-day period is missed?
Section 35(5) requires an application and permits reasonable cause for delay to affect the outcome. Expiry alone is not a discharge order.
Extradition Act 2003 section 35(4)What if late notice later receives High Court leave?
Section 35(7) provides that section 35 ceases to apply and section 36 applies instead in the stated late-leave circumstances.
Extradition Act 2003 section 35(4)Official sources and review
Provisions used (4)
| Provision | Purpose |
|---|---|
| Extradition Act 2003 section 35(4) | 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 |