England and Wales · Extradition procedures
When must Part 2 removal occur without a qualifying appeal?
Section 117(2) ordinarily requires extradition within twenty-eight days starting with its applicable statutory event. With no timely appeal notice and no postponement order, that event is the Secretary of State’s order day. Refused leave, postponement and undertaking branches use different events.
- Period
- Ordinary 28 days
- Trigger
- Established ordinary section 117 order or final-refusal start
- Rule
- Extradition Act 2003 section 117(2)
The sources for part 2 removal deadline without an appeal were checked. Unlike the ordinary Part 1 no-notice removal branch, the Part 2 no-notice branch starts with the Secretary of State’s order rather than after the appeal-notice period.
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When must Part 2 removal occur without a qualifying appeal?
Section 117(2) ordinarily requires extradition within twenty-eight days starting with its applicable statutory event. With no timely appeal notice and no postponement order, that event is the Secretary of State’s order day. Refused leave, postponement and undertaking branches use different events.
Responsible actor. The authority carrying out the Part 2 extradition order.
Established ordinary section 117 order or final-refusal start
Section117 no-appeal/refused-leave branch and its actual statutory start are established. No sections 118A/118B postponement, undertaking reset or later granted appeal changes the branch.
Section117 no-appeal/refused-leave branch and its actual statutory start are established. No sections 118A/118B postponement, undertaking reset or later granted appeal changes the branch. The reviewed calendar for part 2 removal deadline without an appeal covers established events and final dates in 2026 and 2027.
Extradition Act 2003 section 117(2)How does this provision count time?
- Include the established statutory event day as day one. Count the specified calendar days to the inclusive endpoint. Unlike the ordinary Part 1 no-notice removal branch, the Part 2 no-notice branch starts with the Secretary of State’s order rather than after the appeal-notice period.
- Establish the section 117 branch and actual order, final refusal or earliest lawful execution day. Verify extradition itself and any qualifying undertaking reset.
Include the established statutory event day as day one. Count the specified calendar days to the inclusive endpoint. Unlike the ordinary Part 1 no-notice removal branch, the Part 2 no-notice branch starts with the Secretary of State’s order rather than after the appeal-notice period.
Only an established ordinary business-day endpoint is supported for part 2 removal deadline without an appeal. A weekend or public-holiday endpoint requires separate review of the applicable statutory procedure. Establish the section 117 branch and actual order, final refusal or earliest lawful execution day. Verify extradition itself and any qualifying undertaking reset.
Extradition Act 2003 section 117(2)What do independently checked examples show?
Fictitious example
Section117 no-appeal/refused-leave branch and its actual statutory start are established. No sections118A/118B postponement, undertaking reset or later granted appeal changes the branch. 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 | Section117 no-appeal/refused-leave branch and its actual statutory start are established. No sections118A/118B postponement, undertaking reset or later granted appeal changes the branch. 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, November 5, 2026 |
| Example 2. Closed-day boundary | Section117 no-appeal/refused-leave branch and its actual statutory start are established. No sections118A/118B postponement, undertaking reset or later granted appeal changes the branch. 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 8, 2027 |
| Example 3. Material procedural branch | Section117 no-appeal/refused-leave branch and its actual statutory start are established. No sections118A/118B postponement, undertaking reset or later granted appeal changes the branch. Fictitious source-qualified actual event on Wednesday, December 9, 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
- Section117 no-appeal/refused-leave branch and its actual statutory start are established. No sections 118A/118B postponement, undertaking reset or later granted appeal changes the branch.
- Required completion
- Establish the section 117 branch and actual order, final refusal or earliest lawful execution day. Verify extradition itself and any qualifying undertaking reset.
- Distinct neighboring branch
- Unlike the ordinary Part 1 no-notice removal branch, the Part 2 no-notice branch starts with the Secretary of State’s order rather than after the appeal-notice period.
- Section117 no-appeal/refused-leave branch and its actual statutory start are established. No sections 118A/118B postponement, undertaking reset or later granted appeal changes the branch. The reviewed calendar for part 2 removal deadline without an appeal covers established events and final dates in 2026 and 2027.
- Unlike the ordinary Part 1 no-notice removal branch, the Part 2 no-notice branch starts with the Secretary of State’s order rather than after the appeal-notice period.
What must the responsible actor complete?
Questions about this procedure
When must Part 2 removal occur without a qualifying appeal?
Does ordinary Part 2 no-appeal removal start after the notice period?
Section 117(2)(a) instead starts with the Secretary of State’s order where the specified no-notice and no-postponement conditions apply.
Extradition Act 2003 section 117(2)Is notification the same as the Part 2 removal-order start?
No. Section 117(2)(a) uses the order day. Notification separately matters to the permitted appeal period under section 117(6).
Extradition Act 2003 section 117(2)What if timely notice is followed by refusal of leave?
Section 117(2)(b) uses finality of that refusal. Subsection (2A) requires the applicable further-step analysis.
Extradition Act 2003 section 117(2)Can a postponement order change the section 117 event?
Section 117(2)(c) addresses the earliest lawful execution day where an order under section 118A or 118B applies.
Extradition Act 2003 section 117(2)What if a late application later receives leave?
Section 117(5) provides that section 117 ceases to apply and section 118 applies instead in the stated circumstance.
Extradition Act 2003 section 117(2)Does missing removal by the twenty-eighth day guarantee discharge?
Section 117(3) requires the person’s application and permits reasonable cause for delay to affect the outcome. The expiry is not itself a discharge order.
Extradition Act 2003 section 117(2)Official sources and review
Provisions used (4)
| Provision | Purpose |
|---|---|
| Extradition Act 2003 section 117(2) | 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 |