House of Commons Public Bill Committee Proceedings

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Public Bill Committee Proceedings: 12 February 2013
53

Crime and Courts Bill [Lords] continued

“33B
Detention pending conclusion of appeals relating to devolution issues

(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.”.

20
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.”.

21  (1)
In section 36 (extradition following appeal), for subsection (9) substitute—

“(9)
The preceding provisions of this section do not apply to Scotland.”.

      (2)
After that section insert—

“36A
Extradition following appeal: Scotland

(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

Public Bill Committee Proceedings: 12 February 2013
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Crime and Courts Bill [Lords] continued

(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 2 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,

Public Bill Committee Proceedings: 12 February 2013
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Crime and Courts Bill [Lords] continued


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.”.

Extradition to category 2 territories

22
Part 2 of the Extradition Act 2003 (extradition to category 2 territories) is

amended as follows.

23  (1)
In section 107 (detention pending conclusion of appeal under section 105), for

subsection (5) substitute—

“(5)
The proceeding provisions of this section do not apply to Scotland.”.

      (2)
After section 107 insert—

“107A
Detention pending conclusion of appeal under section 105: Scotland

(1)
This section applies if immediately after the judge orders the person’s

discharge the judge is informed on behalf of the category 2 territory of

an intention to appeal under section 105 (“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,

(ii)
makes a direction under section 106(1)(b), or

(iii)
dismisses the appeal.

(4)
If—

(a)
the High Court appeal is dismissed, and

(b)
immediately after dismissing it, the High Court is informed of

an intention 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

Public Bill Committee Proceedings: 12 February 2013
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Crime and Courts Bill [Lords] continued

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 category 2

territory (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 appropriate judge 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.”.

24  (1)
In section 112 (detention pending conclusion of appeal under section 110), for

subsection (5) substitute—

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

      (2)
After section 112 insert—

“112A
Detention pending conclusion of appeal under section 110: Scotland

(1)
This section applies in a case where the Scottish Ministers order the

person’s discharge under this Part.

(2)
Subject to subsection (6)—

(a)
the order made by the appropriate judge under section 92(4)

(“the remand order”) remains in force until the end of the

period of three days beginning with the day on which the

person’s discharge is ordered;

(b)
if within that period the Scottish Ministers are informed in

writing on behalf of the category 2 territory of an intention to

appeal under section 110 (“the High Court appeal”), the

remand order remains in force while the 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,

(b)
immediately after dismissing it, the High Court is informed of

an intention to bring an appeal to the Supreme Court against a

determination of a relevant devolution issue (“the Supreme

Court appeal”), and

(c)
the remand order has remained in force until that time,


then, subject to subsection (6), the remand order continues to remain

in force while the Supreme Court appeal is pending.

Public Bill Committee Proceedings: 12 February 2013
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Crime and Courts Bill [Lords] continued

(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 category 2

territory (ignoring any power of a court to grant leave to take

a step out of time).

(6)
If the person is remanded in custody under section 92(4), the

appropriate judge 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.”.

25
After section 115A insert—

“115B
Detention pending conclusion of appeals relating to devolution issues

(1)
This section applies if—

(a)
on an appeal under section 103 or 108 the High Court orders

the person’s discharge;

(b)
immediately after ordering the person’s discharge, the High

Court is informed of an intention 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);

Public Bill Committee Proceedings: 12 February 2013
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Crime and Courts Bill [Lords] continued

(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 (ignoring any power of

a court to grant leave 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.”.

26
In section 116 (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.”.

27  (1)
In section 118 (extradition following appeal), for subsection (8) substitute—

“(8)
The preceding provisions of this section do not apply to Scotland.”.

      (2)
After that section insert—

“118A
Extradition following appeal: Scotland

(1)
This section applies if—

(a)
there is an appeal to the High Court under section 103, 108 or

110 against a decision or order relating to a person’s

extradition to a category 2 territory, and

(b)
the effect of the decision in the relevant proceedings is that the

person must be extradited to the category 2 territory.

(2)
The “relevant proceedings” are—

(a)
the proceedings on the appeal under section 103, 108 or 110

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 2 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 103, 108 or 110 (except 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

High Court’s decision on the appeal (unless, within that

Public Bill Committee Proceedings: 12 February 2013
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Crime and Courts Bill [Lords] continued

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 the

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 103, 108 or 110, 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.”.

28
After section 118A (inserted by paragraph 27) insert—

“118B
Scottish devolution issue: remand in custody or on bail

(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, the High Court

may later grant bail.”.



© Parliamentary copyright	Revised 13 February 2013