(This note is not part of the Order)
This Order makes consequential provision to modify the application of subsections (2) to (4) of section 109 of the Extradition Act 2003 (c. 41) (“the 2003 Act”). Those subsections (when read with sections 141 and 216(9) of the 2003 Act) provide that, in Scotland, on an appeal under section 108 of the 2003 Act against a decision of the Scottish Ministers to order a person’s extradition, the High Court of Justiciary is to consider the questions which were, or should have been, before the Scottish Ministers.
Section 70(11) of the 2003 Act (as inserted by Part 2 of Schedule 20 to the Crime and Courts Act 2013 (c. 22)) (when read with section 141 of the 2003 Act) provides that, in Scotland, the Scottish Ministers are not to consider whether the extradition would be compatible with the Convention rights within the meaning of the Human Rights Act 1998 (c. 42).
This Order clarifies that the High Court of Justiciary is able to allow or dismiss an appeal brought on human rights grounds where human rights questions were not considered by the Scottish Ministers because of the effect of section 70(11).
This Order makes provision in relation to Scotland equivalent to that made in relation to England and Wales and Northern Ireland in the Extradition Appeals (England and Wales and Northern Ireland) Order 2013 (S.I. 2013/2384).
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector or community bodies is foreseen.