Chodan v United States of America

The statutory 14-day period for filing an appeal under Section 103(9) of the Extradition Act 2003 begins with the day the Secretary of State informs the person of the order, not from the time of notification or the next business day. The Criminal Procedure Rules and Civil Procedure Rules do not alter this computation. Notice of appeal in this case was out of time and must be dismissed.

Parties: Applicant: Chodan; First Respondent: Government of United States of America; Second Respondent: Secretary of State for the Home Department
Jurisdiction: England and Wales
Judgment Date: 13 July 2010
Procedural Posture: Extradition Appeal / Preliminary Point on Time for Appeal
Outcome: Appeal dismissed as out of time
Legal Topics: Extradition Procedure, Time Limits for Appeal, Interpretation of Statutory Time Periods

Criminal Law Extradition Law Extradition Procedure Time Limits for Appeal Interpretation of Statutory Time Periods

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Parties

Chodan

Applicant

Government of United States of America

First Respondent

Secretary of State for the Home Department

Second Respondent

Procedural Posture

Extradition Appeal / Preliminary Point on Time for Appeal

Legal Issues

1 When does the 14-day period for filing an appeal under Section 103(9) of the Extradition Act 2003 commence?
2 Does the Criminal Procedure Rules or Civil Procedure Rules affect computation of the appeal period under the Extradition Act 2003?

Ratio Decidendi

Court Disposition

Appeal dismissed as out of time

Orders

Appeal under Section 103 of the Extradition Act 2003 dismissed pursuant to Section 104(1)(c)