2021 No. 316
High Court Of Justiciary
Sheriff Court

Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Extradition) 2021

Made
Laid before the Scottish Parliament
Coming into force
The High Court of Justiciary makes this Act of Adjournal under the powers conferred on it by section 305 of the Criminal Procedure (Scotland) Act 19951 and all other powers enabling it to do so.

Citation and commencement, etc.1.

(1)

This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Extradition) 2021.

(2)

It comes into force on 15th October 2021.

(3)

A certified copy is to be inserted in the Books of Adjournal.

Amendment of the Criminal Procedure Rules 19962.

(1)

The Criminal Procedure Rules 19962 are amended in accordance with this paragraph.

(2)

In Chapter 34 (extradition)3—

(a)

in rule 34.1A (provisional arrest)4—

(i)

in paragraph (1), after “section 6(3A)” insert “or section 74D(4)5”;

(ii)

after paragraph (2), insert—

“(3)

An application under this rule may be made orally.”;

(b)

in rule 34.2 (arrest under provisional warrant)—

(i)

in the crossheading after “warrant” insert “or provisional arrest without warrant”;

(ii)

in paragraph (1), after “warrant)” insert “or section 74A (provisional arrest where certificate issued under section 74B)”.

(3)

In the appendix—

(a)

in Form 34.3-C (form of notice of appeal under section 103 or 108 of the Extradition Act 2003)6, in paragraph 1, for “section 73 of the Extradition Act 2003]” substitute “section 73(3) of the Extradition Act 2003] [or under section 74A (provisional arrest where certificate issued under section 74B) of the Extradition Act 2003]”;

(b)

in Form 34.3-D (form of note of appeal under section 105 or 110 of the Extradition Act 2003), in paragraph 1, after “section 73(3) of the Extradition Act 2003]” insert “[or under section 74A (provisional arrest where certificate issued under section 74B) of the Extradition Act 2003]”;

(c)

in Form 34.6-B (form of notice of consent to extradition to category 2 territory)7, in the first paragraph, for “73(3) of the Extradition Act 2003]” substitute “section 73(3) of the Extradition Act 2003] [or under section 74A (provisional arrest where certificate issued under section 74B) of the Extradition Act 2003]”.
CJM SUTHERLAND
Lord Justice General
I.P.D.

Edinburgh

EXPLANATORY NOTE
(This note is not part of the Act of Adjournal)

This Act of Adjournal amends Chapter 34 (extradition) of the Criminal Procedure Rules 1996 (“the 1996 Rules”) in consequence of amendments made to the Extradition Act 2003 (c.41) (“the 2003 Act”) by the Extradition (Provisional Arrest) Act 2020 (c.18). It also makes provision regarding how an application under section 6(3A) of the 2003 Act may be made.

Paragraph 2(2)(a) extends rule 34.1A to apply to an arrest made under section 74D(4) of the 2003 Act.

Paragraph 2(2)(b) amends the crossheading of rule 34.2 and extends the rule to apply to a provisional arrest where a certificate has been issued under section 74B of the 2003 Act.

Paragraph 3 makes necessary consequential amendments to Form 34.3C, Form 34.3D and Form 34.6-B in the appendix to the 1996 Rules.