Neteczca v Governor of Holloway Prison [2014] EWHC 2098 (Admin), [2014] All ER (D) 214 (Jun)
The statutory scheme did not permit the right of a requested person to be discharged to be circumvented by agreeing a later starting date after the expiry of the period identified in s 36(3)(a) of the Extradition Act 2003, unless reasonable cause was shown. Section 36(3)(a) of the Act specified the 10 days during which a person had to be extradited by reference to a starting day. That was the day on which the decision of the relevant court or the appeal became final, or proceedings on the appeal were discontinued. Section 36(8) of the Act identified two conditions which had to be satisfied before the judge was required to order discharge. The first was that s 36(2) of the Act had not been complied with. Where the starting date was the date on which the proceedings on the appeal were discontinued, once ten days had expired, then s 36(2) of the Act had not been complied with and the first condition for discharge under s 36(8) of the Act had been
