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Scotland Act 1998

Section B11: Extradition
Purpose and Effect

This Section reserves extradition.

General

Extradition is the process under which a person may be surrendered by one state to another so as to face trial in that other state for an alleged crime.

There are restrictions upon who can be extradited, for example, covering political offences or speciality (under which the person can only be tried for the offence for which the extradition was ordered).

Parliamentary Consideration
StageDateColumn
CC30-Mar-98958
Details of Provisions

Legislative provision covering matters relating to extradition are reserved.  In particular this covers the Extradition Act 1989 which consolidated and amended the Extradition Acts 1870 to 1935 and which provides the procedures for extraditing persons to states other than the Republic of Ireland.  It also covers extradition to the Republic of Ireland which is carried out under a procedure known as the backing of warrants, under the Backing of Warrants Act 1965.  It also covers extradition to the United Kingdom although there is in practice scope for only very limited provision under UK law since obligations on states to extradite persons to the UK are very largely a matter for international law and the law of the state in question.

Executive Competence

The following functions have been included in the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750).

The Extradition Act 1989 (c.33):

(a)

section 6(1) to (4) and (6) and (7);

Section 6(1) to (4) and (6) - The function of the Secretary of State of determining whether a person should be returned to another country and of giving consent to a person being dealt with for another offence being an extradition crime.

Section 6(7) - The function of the Secretary of State of issuing a certificate confirming the existence of an arrangement with a Commonwealth country or a colony and stating its terms.

(b)

section 7(1);

Section 7(1) and (4) - The functions of the Secretary of State of issuing an order for the surrender of a person under the Act (referred to as ‘an authority to proceed’).

(c)

sections 7(4), 8(4), 9(5), 11(1), 12, 13(1) and (4), 16(5) and 20(2).

Section 8(4) - The function of the Secretary of State of receiving a  notice that a provisional warrant has been issued and the function of cancelling that warrant and of discharging the person from custody.

Section 9(5) - The function of the Secretary of State of receiving notice of the period after which a person will fall to be discharged from custody.

Section 11(1) - The function of the Secretary of State of receiving notice of committal.

Section 12 - The function of the Secretary of State of making an order by warrant for return.

Section 13 - The function of the Secretary of State of giving notice under subsection (1) that he is contemplating making an order under section 12(1) and considering representations under subsection (4).

Section 16(5) - The function of the Secretary of State of receiving notice of an application for discharge.

Section 20(2) - The function of the Secretary of State of arranging for a person to be sent back to a foreign state, Commonwealth country or colony.

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