- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)The Prosecution of Offences Act 1985 (c. 23) is amended as follows.
(2)In section 3 (functions of the Director) in subsection (2) after paragraph (e) insert—
“(ea)to have the conduct of any extradition proceedings;
(eb)to give, to such extent as he considers appropriate, and to such persons as he considers appropriate, advice on any matters relating to extradition proceedings or proposed extradition proceedings;”.
(3)In section 3 after subsection (2) insert—
“(2A)Subsection (2)(ea) above does not require the Director to have the conduct of any extradition proceedings in respect of a person if he has received a request not to do so and—
(a)in a case where the proceedings are under Part 1 of the Extradition Act 2003, the request is made by the authority which issued the Part 1 warrant in respect of the person;
(b)in a case where the proceedings are under Part 2 of that Act, the request is made on behalf of the territory to which the person’s extradition has been requested.”
(4)In section 5(1) (conduct of prosecutions on behalf of Crown Prosecution Service) after “criminal proceedings” insert “or extradition proceedings”.
(5)In section 14 (control of fees and expenses etc paid by the Service) in subsection (1)(a) after “criminal proceedings” insert “or extradition proceedings”.
(6)In section 15(1) (interpretation of Part 1) in the appropriate place insert—
““extradition proceedings” means proceedings under the Extradition Act 2003;”.
(1)The Lord Advocate must—
(a)conduct any extradition proceedings in Scotland;
(b)give, to such extent as he considers appropriate, and to such persons as he considers appropriate, advice on any matters relating to extradition proceedings or proposed extradition proceedings, in Scotland.
(2)Subsection (1)(a) does not require the Lord Advocate to conduct any extradition proceedings in respect of a person if he has received a request not to do so and—
(a)in a case where the proceedings are under Part 1, the request is made by the authority which issued the Part 1 warrant in respect of the person;
(b)in a case where the proceedings are under Part 2, the request is made on behalf of the territory to which the person’s extradition has been requested.
(1)The Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I. 1)) is amended as set out in subsections (2) to (4).
(2)In article 2(2) (interpretation) in the appropriate place insert—
““extradition proceedings” means proceedings under the Extradition Act 2003;”.
(3)In article 4(7) (conduct of prosecutions on behalf of DPP) after “prosecution” insert “or extradition proceedings”.
(4)In article 5 (functions of DPP) after paragraph (1) insert—
“(1A)The Director may—
(a)have the conduct of any extradition proceedings in Northern Ireland;
(b)give to such persons as appear to him appropriate such advice as appears to him appropriate on matters relating to extradition proceedings, or proposed extradition proceedings, in Northern Ireland.”
(5)The Justice (Northern Ireland) Act 2002 (c. 26) is amended as set out in subsections (6) to (8).
(6)After section 31 insert—
(1)The Director may have the conduct of any extradition proceedings in Northern Ireland.
(2)The Director may give to such persons as appear to him appropriate such advice as appears to him appropriate on matters relating to extradition proceedings, or proposed extradition proceedings, in Northern Ireland.”
(7)In section 36(2) (conduct of criminal proceedings on behalf of DPP) after “criminal proceedings” insert “or extradition proceedings”.
(8)In section 44 (interpretation) after subsection (6) insert—
“(7)For the purposes of this Part “extradition proceedings” means proceedings under the Extradition Act 2003.”
(9)The Crown Solicitor for Northern Ireland may—
(a)have the conduct of any proceedings under this Act in Northern Ireland;
(b)give to such persons as appear to him appropriate such advice as appears to him appropriate on matters relating to proceedings under this Act, or proposed proceedings under this Act, in Northern Ireland.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: