Constitutional Reform Act 2005

81 (1) The Extradition Act 2003 is amended as follows. E+W+S+N.I.

(2) In section 32 (appeal to House of Lords) in the sidenote and in subsections (1), (3), (4)(b), (6) and (8)(b) for “House of Lords” substitute “ Supreme Court ”.

(3) In section 114 (appeal to House of Lords) in the sidenote and in subsections (1), (3), (4)(b), (6), and (8)(b) for “House of Lords” substitute “ Supreme Court ”.

(4) In each of the following provisions for “House of Lords” in each place substitute “ Supreme Court ”

(a) section 30 (detention pending conclusion of appeal under section 28);

(b) section 33 (powers on an appeal) and the sidenote to that section;

[F1 (ba) section 33A (detention pending conclusion of certain appeals under section 32);]

(c) section 36 (extradition following appeal);

(d) section 43 (withdrawal of warrant while appeal pending) and the sidenote to that section;

(e) section 60 (costs);

(f) section 61 (costs where discharge ordered);

(g) section 107 (detention pending conclusion of appeal under section 105);

(h) section 112 (detention pending conclusion of appeal under section 110);

(i) section 115 (powers on appeal under section 114) and the sidenote to that section;

[F2 (ia) section 115A (detention pending conclusion of certain appeals under section 114);]

(j) section 118 (extradition following appeal);

(k) section 125 (withdrawal of request while appeal pending) and the sidenote to that section;

(l) section 133 (costs where extradition ordered);

(m) section 134 (costs where discharge ordered);

(n) section 184 (grant of free legal aid: Northern Ireland);

(o) section 208 (national security);

(p) section 213 (disposal of Part 1 warrant and extradition request);

(q) section 214 (disposal of charge).

(5) In section 185 (free legal aid: supplementary)—

(a) in subsection (4) for “House of Lords” substitute “ Supreme Court ”;

(b) in subsection (5) for the words from “allowed by” to the end substitute “ by the Supreme Court or under Supreme Court Rules. ”

Annotations:

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Amendments (Textual)

F1 Sch. 9 para. 81(4)(ba) inserted (15.1.2006) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 13 para. 35(a); S.I. 2006/3364, art. 2(e)

F2 Sch. 9 para. 81(4)(ia) inserted (15.1.2006) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 13 para. 35(b); S.I. 2006/3364, art. 2(e)