Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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S.L. 276.5 · Extradition (Designated Foreign (S.L. 276.5)

S.L. 276.5 Art. 41Withdrawal of warrant while appeal pending

PART II

In KraftAmtlicher Text

(1) This article applies if at any time in the relevant period the Court of Criminal Appeal is informed by the Attorney General that a Part II warrant issued in respect of a person has been withdrawn.

(2) The relevant period is the period -

(a) starting when an appeal application is filed by the person or by the Attorney General;

(b) ending when proceedings on the appeal are discontinued or the court makes its decision on the appeal.

(3) The court must -

(a) if the appeal is under article 18 of the relevant Act, order the person’s discharge and quash the order for his return;

(b) if the appeal is under article 19 of the relevant Act, dismiss the appeal.

(4) If the person is not before the court at the time the court orders his discharge, the court must inform him of the order as soon as practicable.

Competing Part II warrants