Part 5

Miscellaneous and general

Evidence

Burden and standard of proof
206
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.
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))
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))