Part 5

Miscellaneous and general

Custody and bail

Appeal against grant of bail
200
1
Section 1 of the Bail (Amendment) Act 1993 (c. 26) (prosecution right of appeal against grant of bail) is amended as follows.
2
After subsection (1) insert—
1A
Where a magistrates' court grants bail to a person in connection with extradition proceedings, the prosecution may appeal to a judge of the Crown Court against the granting of bail.
3
In subsection (3) for “Such an appeal” substitute “An appeal under subsection (1) or (1A)”.
4
In subsection (4)—
a
after subsection (1) insert “or (1A)”;
b
for “magistrates' court” substitute “court which has granted bail”;
c
omit “such”.
5
In subsection (5) for “magistrates' court” substitute “court which has granted bail”.
6
In subsection (6) for “magistrates' court” substitute “court which has granted bail”.
7
In subsection (8)—
a
after “subsection (1)” insert “or (1A)”;
b
omit “magistrates'”.
8
In subsection (10)(b) for “reference in subsection (5) above to remand in custody is” substitute “references in subsections (6) and (9) above to remand in custody are”.
9
After subsection (11) insert—
12
In this section—
- “extradition proceedings” means proceedings under the Extradition Act 2003;
- “magistrates' court” and “court” in relation to extradition proceedings means a District Judge (Magistrates' Courts) designated for the purposes of Part 1 or Part 2 of the Extradition Act 2003 by the Lord Chancellor;
- “prosecution” in relation to extradition proceedings means the person acting on behalf of the territory to which extradition is sought.