PART IARREST AND DELIVERY OF PERSONS TO THE INTERNATIONAL TRIBUNAL
Statement of case in Scotland8
1
In the application of this Order to Scotland, article 7 shall be omitted and the provisions of this article shall have effect.
2
If a competent court refuses to make a delivery order in relation to a person under article 6, the procurator fiscal may question the decision on the ground that it is wrong in law by applying to the court to state a case for the opinion of the High Court of Justiciary on the question of law involved.
3
The following provisions shall have effect with respect to an application under paragraph (2)—
a
the application must be made within the period of 21 days following the day on which the order was refused unless the court allows a longer period;
b
the application must be made in writing and identify the question or questions of law on which the opinion of the High Court of Justiciary is sought;
c
within 21 days after the receipt of the application, the sheriff clerk shall send a draft stated case to the applicant and to the person to whom the warrant relates or his solicitor and the court shall allow each party 21 days from the date of the sending of the draft stated case within which to lodge and intimate proposed adjustments;
d
within one week after the latest date on which adjustments may be lodged the court shall, on the motion of either party, or may, of its own accord, hear parties on any such adjustments;
e
within two weeks after the latest day on which such hearing on adjustments may take place (or, if there are no such adjustments, within two weeks after the latest date by which such adjustments could have been lodged) the court shall, after considering any such proposed adjustments and representations, state and sign the case and the sheriff clerk shall—
i
forthwith submit the case, along with the application for the case and all other documents in the case, to the Clerk of Justiciary, and
ii
send a copy of the case to the applicant and to the person to whom the warrant relates or his solicitor;
f
if any period of time specified in the foregoing provisions of this paragraph expires on a Saturday, Sunday or a court holiday prescribed for the competent court, the period shall be extended to expire on the next day which is not a Saturday, Sunday or such holiday.
4
If the court fails to state and sign a case within the period required by paragraph (3), the High Court of Justiciary may, on the application of the procurator fiscal, make an order requiring it to do so.
5
The High Court of Justiciary shall have power—
a
to remit the case to the competent court to decide it according to the opinion of the High Court of Justiciary on the question of law, or
b
to dismiss the application.
6
An order for the remand of an arrested person which continues to have effect by virtue of article 6(6) shall cease to have effect if—
a
an application under paragraph (2) is not made by the procurator fiscal within the period mentioned in paragraph (3)(a), or
b
an application to the High Court of Justiciary is dismissed pursuant to paragraph (5)(b).