The Magistrates' Courts (Extradition) (Amendment) Rules 2002

Statutory Instruments

2002 No. 1135

MAGISTRATES' COURTS

PROCEDURE

The Magistrates' Courts (Extradition) (Amendment) Rules 2002

Made

18th April 2002

Laid before Parliament

19th April 2002

Coming into force

13th May 2002

The Lord Chancellor, in exercise of the power conferred on him by section 144 of the Magistrates' Courts Act 1980(1), after consultation with the Rule Committee appointed under that section, hereby makes the following Rules:—

1.  These Rules may be cited as the Magistrates' Courts (Extradition) (Amendment) Rules 2002 and shall come into force on 13th May 2002.

2.  The Magistrates' Courts (Extradition) Rules 1989(2) are amended as follows.

3.  After “the Act” at the end of rule 2, insert:

““the 1995 Convention” means the Convention drawn up on the basis of Article K.3 of the Treaty on European Union on Simplified Extradition Procedures between the Member States of the European Union;

“party to the 1995 Convention” means a state in respect of which the 1995 Convention is in force either generally or between it and the United Kingdom”.

4.  After rule 6 insert:

“7.— (1) This rule applies as between the United Kingdom and states other than the Republic of Ireland that are parties to the 1995 Convention, in relation to which section 14A of the Act applies by virtue of section 34A and Schedule 1A of the Act(3).

(2) A notice of consent for the purposes of section 14A(3) of the Act shall be given in form 3 set out in the Schedule to these Rules or a form to the like effect and shall be signed in the presence of the Senior District Judge (Chief Magistrate) or another District Judge (Magistrates' Courts) designated by him for the purposes of the Act.

(3) A Senior District Judge (Chief Magistrate) or another District Judge (Magistrates' Courts) designated by him for the purposes of the Act may order the committal for return of a person if he gives consent under section 14A of the Act in accordance with paragraph (2) above before he is committed under section 9 of the Act.”.

5.  At the end of the Schedule (forms), insert:

“3 Notice of consent to committal for return (Extradition Act 1989, s.14A)

”.

Irvine of Lairg, C.

Dated 18th April 2002

Explanatory Note

(This note is not part of the Rules)

Rules 4 and 5 of these Rules amend the Magistrates' Courts (Extradition) Rules 1989 to provide a form of notice of consent to committal for return to be used for the purposes of section 14A(3) of the Extradition Act 1989 (“the Act”). The amendment made by rule 4 provides that a Senior District Judge (Chief Magistrate) or another District Judge (Magistrates' Courts) designated by him for the purposes of the Act may order the committal for return of a person who gives consent under section 14A of the Act before he is committed under section 9 of the Act.

Section 14A of the Act was inserted by Schedule 9 to the European Union Extradition Regulations 2002. Those Regulations implement the provisions of the 1995 Convention and the provisions of the Convention relating to extradition between the Member States of the European Union (which was opened for signature on 27th September 1996) (“the 1996 Convention”). The amendments made to the Act by Schedule 9 to the Regulations apply in relation to the United Kingdom and states other than the Republic of Ireland that are parties to the 1995 Convention or the 1996 Convention, as appropriate.

(1)

1980 c. 43; section 144 was extended by section 14A(4) and (5) of the Extradition Act 1989 (c. 33), as inserted by paragraph 5 of Schedule 9 to the European Union Extradition Regulations 2002 (S.I. 2002/419).

(2)

S.I. 1989/1597, as amended by S.I. 2000/1872.

(3)

Section 14A was inserted by paragraph 5 of Schedule 9 to the European Union Extradition Regulations 2002 as part of Schedule 1A to the Act; section 34A was also inserted by Schedule 9 to those Regulations.