SCHEDULES

SCHEDULE 13E+WExtradition

Part 2 E+WAmendments to other Acts

Powers of High Court in relation to bail decisions by magistrates' court etcE+W

29(1)Section 10 of the Justice (Northern Ireland) Act 2004 (c. 4) (prosecution right of appeal against grant of bail by magistrates' court) is amended as follows.E+W

(2)After subsection (1) there is inserted—

(1A)Where a magistrates' court grants bail to a person in connection with extradition proceedings, the prosecution may appeal to the High Court against the granting of bail.

(3)In subsection (3), after “subsection (1)” there is inserted “ or (1A) ”.

(4)In subsection (4)—

(a)after “subsection (1)” there is inserted “ or (1A) ”;

(b)for “the magistrates' court” there is substituted “ the court which has granted bail ”.

(5)In subsections (5) and (6), for “the magistrates' court” there is substituted “ the court which has granted bail ”.

(6)In subsection (8)—

(a)after “subsection (1)” there is inserted “ or (1A) ”;

(b)“magistrates'” is omitted.

(7)After subsection (11) there is inserted—

(12)In this section—

  • extradition proceedings” means proceedings under the Extradition Act 2003;

  • “magistrates' court” and “court”, in relation to extradition proceedings, mean a resident magistrate designated in accordance with section 67 or section 139 of the Extradition Act 2003;

  • prosecution”, in relation to extradition proceedings, means the person acting on behalf of the territory to which extradition is sought.