16U.K.Part 1 of the Extradition Act 2003 (extradition to category 1 territories) is amended as follows.
Commencement Information
I1Sch. 20 para. 16 in force at 29.7.2013 by S.I. 2013/1682, art. 2(1)(b)
17(1)In section 30 (detention pending conclusion of appeal under section 28), for subsection (5) substitute—U.K.
“(5)The preceding provisions of this section do not apply to Scotland.”.
(2)After section 30 insert—
(1)This section applies if immediately after the judge orders the person's discharge the judge is informed by the authority which issued the Part 1 warrant (“the issuing authority”) that it intends to appeal under section 28 (“the High Court appeal”).
(2)The judge must remand the person in custody or on bail while the High Court appeal is pending.
(3)The High Court appeal ceases to be pending at the earliest of these times—
(a)when the proceedings on the appeal are abandoned;
(b)when the High Court—
(i)allows the appeal, or
(ii)dismisses the appeal.
(4)If—
(a)the High Court appeal is dismissed, and
(b)immediately after dismissing it, the High Court is informed by the issuing authority that it intends to bring an appeal to the Supreme Court against a determination of a relevant devolution issue (“the Supreme Court appeal”),
the High Court must remand the person in custody or on bail while the Supreme Court appeal is pending.
(5)The Supreme Court appeal ceases to be pending at the earliest of these times—
(a)the end of the period of 28 days starting with the day when the High Court appeal is dismissed (unless, within that period, an application is made to the High Court for permission to make the Supreme Court appeal);
(b)the end of the period of 28 days starting with the day when the High Court refuses permission to make the Supreme Court appeal (unless, within that period, an application is made to the Supreme Court for permission to make the Supreme Court appeal);
(c)the end of the period of 28 days starting with the day on which permission is given to bring the Supreme Court appeal (unless the appeal is brought within that period);
(d)the time when the proceedings on the Supreme Court appeal are abandoned;
(e)the time when there is no further step that can be taken in relation to the Supreme Court appeal by the issuing authority (ignoring any power of a court to grant leave to take a step out of time).
(6)If the person is remanded in custody by the judge or the High Court, the High Court may later grant bail.
(7)In this section “relevant devolution issue” means a devolution issue relating to the person's extradition.
(8)This section applies only to Scotland.”
Commencement Information
I2Sch. 20 para. 17 in force at 29.7.2013 by S.I. 2013/1682, art. 2(1)(b) (with art. 4(1))
18U.K.After section 33 insert—
(1)This section applies where, on an appeal to the Supreme Court against a determination of a devolution issue relating to a person's extradition under this Part, the Supreme Court—
(a)remits the case to the High Court, or
(b)orders the person's extradition.
(2)The Supreme Court must remand the person in custody or on bail pending the person's extradition.
(3)If the Supreme Court remands the person in custody it may later grant bail.”
Commencement Information
I3Sch. 20 para. 18 in force at 29.7.2013 by S.I. 2013/1682, art. 2(1)(b) (with art. 4(2))
19U.K.After section 33A insert—
(1)This section applies if immediately after the High Court orders the person's discharge the court is informed by the authority which issued the Part 1 warrant (“the issuing authority”) that it intends to bring an appeal to the Supreme Court against a determination of a relevant devolution issue (“the Supreme Court appeal”).
(2)The High Court must remand the person in custody or on bail while the Supreme Court appeal is pending.
(3)If the court remands the person in custody it may later grant bail.
(4)The Supreme Court appeal ceases to be pending at the earliest of these times—
(a)the end of the period of 28 days starting with the day when the High Court orders the person's discharge (unless, within that period, an application is made to the High Court for permission to make the Supreme Court appeal);
(b)the end of the period of 28 days starting with the day when the High Court refuses permission to make the Supreme Court appeal (unless, within that period, an application is made to the Supreme Court for permission to make the Supreme Court appeal);
(c)the end of the period of 28 days starting with the day on which permission is given to bring the Supreme Court appeal (unless the appeal is brought within that period);
(d)the time when the proceedings on the Supreme Court appeal are abandoned;
(e)the time when there is no further step that can be taken in relation to the Supreme Court appeal by the issuing authority (ignoring any power of a court to grant permission to take a step out of time).
(5)In this section “relevant devolution issue” means a devolution issue relating to the person's extradition.
(6)This section applies only to Scotland.”
Commencement Information
I4Sch. 20 para. 19 in force at 29.7.2013 by S.I. 2013/1682, art. 2(1)(b) (with art. 4(3))
20U.K.In section 34 (appeals: general), at the beginning insert “ (1) ” and at the end insert—
“(2)Subsection (1) does not prevent an appeal against a determination of a devolution issue.
(3)In this Part “devolution issue” has the same meaning as in Schedule 6 to the Scotland Act 1998.”
Commencement Information
I5Sch. 20 para. 20 in force at 29.7.2013 by S.I. 2013/1682, art. 2(1)(b)
21(1)In section 36 (extradition following appeal), for subsection (9) substitute—U.K.
“(9)The preceding provisions of this section do not apply to Scotland.”
(2)After that section insert—
(1)This section applies if—
(a)there is an appeal to the High Court under section 26 against an order for a person's extradition to a category 1 territory, and
(b)the effect of the decision in the relevant proceedings is that the person must be extradited to the category 1 territory.
(2)The “relevant proceedings” are—
(a)the proceedings on the appeal under section 26 if—
(i)no Supreme Court devolution appeal is made, or
(ii)a Supreme Court devolution appeal is made and the Supreme Court remits the case to the High Court, or
(b)the proceedings on a Supreme Court devolution appeal if such an appeal is made and the Supreme Court does not remit the case to the High Court.
(3)The person must be extradited to the category 1 territory before the end of the required period, which is 28 days starting with—
(a)the day on which the decision in the relevant proceedings becomes final, or
(b)the day on which the relevant proceedings are abandoned.
(4)In a case where the relevant proceedings are proceedings on the appeal under section 26 (except where the case has been remitted to the High Court on a Supreme Court devolution appeal), the decision in those proceedings becomes final—
(a)at the end of the period of 28 days starting with the day of the decision (unless, within that period, an application is made to the High Court for permission to make a Supreme Court devolution appeal);
(b)at the end of the period of 28 days starting with the day when the High Court refuses permission to make a Supreme Court devolution appeal (unless, within that period, an application is made to the Supreme Court for permission to make that appeal);
(c)when the Supreme Court refuses permission to make a Supreme Court devolution appeal;
(d)at the end of the permitted period, which is 28 days starting with the day on which permission to make a Supreme Court devolution appeal is granted, if no such appeal is brought before the end of that period.
(5)These must be ignored for the purposes of subsection (4)—
(a)any power of a court to extend the period permitted for applying for permission to appeal;
(b)any power of a court to grant permission to take a step out of time.
(6)In a case where—
(a)the relevant proceedings are proceedings on the appeal under section 26, and
(b)the case has been remitted to the High Court on a Supreme Court devolution appeal,
the decision in those proceedings becomes final when it is made.
(7)In a case where—
(a)the relevant proceedings are proceedings on a Supreme Court devolution appeal, and
(b)the decision is not to remit the case to the High Court,
the decision in those proceedings becomes final when it is made.
(8)If subsection (3) is not complied with and the person applies to the appropriate judge to be discharged, the judge must order the person's discharge, unless reasonable cause is shown for the delay.
(9)In this section “Supreme Court devolution appeal” means an appeal to the Supreme Court against a determination of a devolution issue relating to a person's extradition.
(10)This section applies only to Scotland.”
Commencement Information
I6Sch. 20 para. 21 in force at 29.7.2013 by S.I. 2013/1682, art. 2(1)(b) (with art. 4(4))