Chodan v United States of America [2010] EWHC 2207 (Admin) (13 July 2010)

Chodan v United States of America [2010] EWHC 2207 (Admin) (13 July 2010)

The statutory 14-day period for appeal under Section 103(9) of the Extradition Act 2003 begins with the day of notification by the Secretary of State, not the time of day, and is not subject to extension or modification by the Criminal Procedure Rules or Civil Procedure Rules.

Citation
[2010] EWHC 2207 (Admin)
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
Judicial Review / Extradition Appeal / Preliminary Point on Time Limit for Appeal
Outcome
Appeal dismissed as out of time under Section 104(1)(c) of the Extradition Act 2003.
Legal Topics
Time Limits for Appeal, Interpretation of Statutory Time Periods, Application of Criminal Procedure Rules to Extradition, Extradition Act 2003 Procedures
Extradition Law Criminal Procedure Administrative Law Time Limits for Appeal Interpretation of Statutory Time Periods Application of Criminal Procedure Rules to Extradition Extradition Act 2003 Procedures

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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

Judicial Review / Extradition Appeal / Preliminary Point on Time Limit for Appeal

Legal Issues

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

Ratio Decidendi

The statutory 14-day period for appeal under Section 103(9) of the Extradition Act 2003 begins with the day of notification by the Secretary of State, not the time of day, and is not subject to extension or modification by the Criminal Procedure Rules or Civil Procedure Rules.

Court Disposition

Appeal dismissed as out of time under Section 104(1)(c) of the Extradition Act 2003.

Orders

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