PART III

Bail

Bail: extradition proceedings
24F
1
In the application of the provisions of this Part by virtue of section 9(2) or 77(2) of the Extradition Act 2003 (judge’s powers at extradition hearing), those provisions apply with the modifications that—
a
references to the prosecutor are to be read as references to a person acting on behalf of the territory to which extradition is sought;
b
the right of the Lord Advocate mentioned in section 24(2) of this Act applies to a person subject to extradition proceedings as it applies to a person charged with any crime or offence;
c
the following do not apply—
ai
subsection (1A) of section 23C;
i
paragraph (b) of section 24(3); and
ii
subsection (3) of section 30; and
d
sections 28(1) and 33 apply to a person subject to extradition proceedings as they apply to an accused.
1A
In the application of the provisions of this Part by virtue of section 7(7) of the Extradition Act 2003
(identity of person arrested), those provisions apply with the modification that subsection (1A) of section 23C does not apply.
2
Section 32 of this Act applies in relation to a refusal of bail, the amount of bail or a decision to allow bail or ordain appearance in proceedings under this Part as the Part applies by virtue of the sections of that Act of 2003 mentioned in subsection (1) above.
3
The Scottish Ministers may, by order, for the purposes of section 9(2) or 77(2) of the Extradition Act 2003 make such amendments to this Part as they consider necessary or expedient.
4
The order making power in subsection (3) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.
S. 24A inserted (1.1.2004) by Extradition Act 2003 (c. 41), ss. 199, 221; S.I. 2003/3103, art. 2 (subject to arts. 3-5)
S. 24A renumbered as 24F (31.1.2005) by The Criminal Procedure (Amendment) (Scotland) Act 2004 (Incidental, Supplemental and Consequential Provisions) Order 2005 (S.S.I. 2005/40), art. 4(2)
S. 24F(1A) inserted (10.12.2024) by The Bail and Release from Custody (Scotland) Act 2023 (Consequential Modifications) Order 2024 (S.I. 2024/1316), arts. 1, 3(3) (with art. 4)
S. 24F(1)(c)(ai) inserted (10.12.2024) by The Bail and Release from Custody (Scotland) Act 2023 (Consequential Modifications) Order 2024 (S.I. 2024/1316), arts. 1, 3(2)