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England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Szegfu v Court of Pecs Hungary  EWHC 1764 (Admin) (24 June 2015)
Cite as:  EWHC 1764 (Admin),  1 WLR 322,  WLR(D) 273
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QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL
B e f o r e :
THE HON MRS JUSTICE COX
| Norbert Szegfu
|- and -
|Court of Pecs Hungary
Amanda Bostock (instructed by the CPS) for the Respondent
Hearing dates: Thursday 11th June 2015
Crown Copyright ©
Lord Justice Burnett:
"26(4) Notice of an appeal under this section must be given in accordance with the rules of court before the end of the permitted period, which is seven days starting with the day on which the order is made.
(5) But where a person gives notice of application for leave to appeal after the end of the permitted period, the High Court must not for that reason refuse to entertain the application if the person did everything reasonably possible to ensure that the notice was given as soon as it could be given."
The effect of section 26(5) is to require the High Court to refuse to entertain an application in a case in which notice was given outside the specified seven days unless the person concerned shows that he has done everything reasonably possible to ensure that notice was given as soon as it could be given.
"Rights of appeal are governed by sections 26 to 34 of the 2003 Act. The person concerned may appeal against an extradition order: section 26, but not if it was made following consent. The requesting state may appeal against the discharge of the person in limited circumstances. Section 34 provides:
"A decision of the judge under this Part may be questioned in legal proceedings only by means of an appeal under this Part."
Very strict time limits are applied to appeals, both to the High Court and thence to the Supreme Court: Mucelli v Government of Albania  UKHL 2;  1 WLR 276 There are very limited circumstances in which habeus corpus or judicial review may be available in addition to, or instead of, the statutory appeals mechanism: R (Hilali) v Governor of Whitemoor Prison  1 AC 805; R (Navadunskis ) v SOCA  EWHC 1292 (Admin)."