Part 5Miscellaneous and general

I2Evidence

Annotations:
Commencement Information
I2

Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

206I1Burden and standard of proof

1

This section applies if, in proceedings under this Act, a question arises as to burden or standard of proof.

2

The question must be decided by applying any enactment or rule of law that would apply if the proceedings were proceedings for an offence.

3

Any enactment or rule of law applied under subsection (2) to proceedings under this Act must be applied as if—

a

the person whose extradition is sought (or who has been extradited) were accused of an offence;

b

the category 1 or category 2 territory concerned were the prosecution.

4

Subsections (2) and (3) are subject to any express provision of this Act.

5

In this section “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.