Part 3 Devolution Issues in Scotland
Crime and Courts Act 2013 (2013 c 22) | Legislation

Part 3 Devolution Issues in Scotland

Extradition to category 1 territories

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Part 1 of the Extradition Act 2003 (extradition to category 1 territories) is amended as follows.

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(1)     In section 30 (detention pending conclusion of appeal under section 28), for subsection (5) substitute—

“(5)     The preceding provisions of this section do not apply to Scotland.â€.

(2)     After section 30 insert—

“30A Detention pending conclusion of appeal under section 28: Scotland

(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 authorityâ€) that it intends to appeal under section 28 (“the High Court appealâ€).

(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

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