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| |
| |
|
| | “33B | Detention pending conclusion of appeals relating to devolution issues |
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| | (1) | This section applies if immediately after the High Court orders the |
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| | person’s discharge the court is informed by the authority which issued |
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| | the Part 1 warrant (“the issuing authority”) that it intends to bring an |
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| | appeal to the Supreme Court against a determination of a relevant |
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| | devolution issue (“the Supreme Court appeal”). |
|
| | (2) | The High Court must remand the person in custody or on bail while |
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| | the Supreme Court appeal is pending. |
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| | (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 |
|
| | |
| | (a) | the end of the period of 28 days starting with the day when the |
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| | High Court orders the person’s discharge (unless, within that |
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| | 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 |
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| | High Court refuses permission to make the Supreme Court |
|
| | appeal (unless, within that period, an application is made to |
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| | the Supreme Court for permission to make the Supreme Court |
|
| | |
| | (c) | the end of the period of 28 days starting with the day on which |
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| | permission is given to bring the Supreme Court appeal (unless |
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| | the appeal is brought within that period); |
|
| | (d) | the time when the proceedings on the Supreme Court appeal |
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| | |
| | (e) | the time when there is no further step that can be taken in |
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| | relation to the Supreme Court appeal by the issuing authority |
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| | (ignoring any power of a court to grant permission to take a |
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| | |
| | (5) | In this section “relevant devolution issue” means a devolution issue |
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| | relating to the person’s extradition. |
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| | (6) | This section applies only to Scotland.”. |
|
| | 20 | In section 34 (appeals: general), at the beginning insert “(1)” and at the end |
|
| | |
| | “(2) | Subsection (1) does not prevent an appeal against a determination of a |
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| | |
| | (3) | In this Part “devolution issue” has the same meaning as in Schedule 6 |
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| | to the Scotland Act 1998.”. |
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| | 21 (1) | In section 36 (extradition following appeal), for subsection (9) substitute— |
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| | “(9) | The preceding provisions of this section do not apply to Scotland.”. |
|
| | (2) | After that section insert— |
|
| | “36A | Extradition following appeal: Scotland |
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| | (1) | This section applies if— |
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| | (a) | there is an appeal to the High Court under section 26 against |
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| | an order for a person’s extradition to a category 1 territory, |
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| | |
|
|
| |
| |
|
| | (b) | the effect of the decision in the relevant proceedings is that the |
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| | person must be extradited to the category 1 territory. |
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| | (2) | The “relevant proceedings” are— |
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| | (a) | the proceedings on the appeal under section 26 if— |
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| | (i) | no Supreme Court devolution appeal is made, or |
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| | (ii) | a Supreme Court devolution appeal is made and the |
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| | Supreme Court remits the case to the High Court, or |
|
| | (b) | the proceedings on a Supreme Court devolution appeal if such |
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| | an appeal is made and the Supreme Court does not remit the |
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| | |
| | (3) | The person must be extradited to the category 2 territory before the end |
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| | of the required period, which is 28 days starting with— |
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| | (a) | the day on which the decision in the relevant proceedings |
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| | |
| | (b) | the day on which the relevant proceedings are abandoned. |
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| | (4) | In a case where the relevant proceedings are proceedings on the appeal |
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| | under section 26 (except where the case has been remitted to the High |
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| | Court on a Supreme Court devolution appeal), the decision in those |
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| | proceedings becomes final— |
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| | (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 |
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| | the High Court for permission to make a Supreme Court |
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| | |
| | (b) | at the end of the period of 28 days starting with the day when |
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| | the High Court refuses permission to make a Supreme Court |
|
| | devolution appeal (unless, within that period, an application is |
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| | made to the Supreme Court for permission to make that |
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| | |
| | (c) | when the Supreme Court refuses permission to make a |
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| | Supreme Court devolution appeal; |
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| | (d) | at the end of the permitted period, which is 28 days starting |
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| | with the day on which permission to make a Supreme Court |
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| | devolution appeal is granted, if no such appeal is brought |
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| | 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 |
|
| | |
| | |
| | (a) | the relevant proceedings are proceedings on the appeal under |
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| | |
| | (b) | the case has been remitted to the High Court on a Supreme |
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| | |
| | | the decision in those proceedings becomes final when it is made. |
|
| | |
| | (a) | the relevant proceedings are proceedings on a Supreme Court |
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| | |
| | (b) | the decision is not to remit the case to the High Court, |
|
|
|
| |
| |
|
| | | the decision in those proceedings becomes final when it is made. |
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| | (8) | If subsection (3) is not complied with and the person applies to the |
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| | appropriate judge to be discharged, the judge must order the person’s |
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| | discharge, unless reasonable cause is shown for the delay. |
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| | (9) | In this section “Supreme Court devolution appeal” means an appeal to |
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| | the Supreme Court against a determination of a devolution issue |
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| | relating to a person’s extradition. |
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| | (10) | This section applies only to Scotland.”. |
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| | Extradition to category 2 territories |
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| | 22 | Part 2 of the Extradition Act 2003 (extradition to category 2 territories) is |
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| | |
| | 23 (1) | In section 107 (detention pending conclusion of appeal under section 105), for |
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| | subsection (5) substitute— |
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| | “(5) | The proceeding provisions of this section do not apply to Scotland.”. |
|
| | (2) | After section 107 insert— |
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| | “107A | Detention pending conclusion of appeal under section 105: Scotland |
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| | (1) | This section applies if immediately after the judge orders the person’s |
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| | discharge the judge is informed on behalf of the category 2 territory of |
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| | an intention to appeal under section 105 (“the High Court appeal”). |
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| | (2) | The judge must remand the person in custody or on bail while the High |
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| | |
| | (3) | The High Court appeal ceases to be pending at the earliest of these |
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| | |
| | (a) | when the proceedings on the appeal are abandoned; |
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| | |
| | |
| | (ii) | makes a direction under section 106(1)(b), or |
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| | (iii) | dismisses the appeal. |
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| | |
| | (a) | the High Court appeal is dismissed, and |
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| | (b) | immediately after dismissing it, the High Court is informed of |
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| | an intention to bring an appeal to the Supreme Court against a |
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| | determination of a relevant devolution issue (“the Supreme |
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| | |
| | | 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 |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (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 |
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| | (1) | This section applies in a case where the Scottish Ministers order the |
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| | person’s discharge under this Part. |
|
| | (2) | Subject to subsection (6)— |
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| | (a) | the order made by the appropriate judge under section 92(4) |
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| | (“the remand order”) remains in force until the end of the |
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| | period of three days beginning with the day on which the |
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| | person’s discharge is ordered; |
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| | (b) | if within that period the Scottish Ministers are informed in |
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| | writing on behalf of the category 2 territory of an intention to |
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| | appeal under section 110 (“the High Court appeal”), the |
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| | remand order remains in force while the appeal is pending. |
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| | (3) | The High Court appeal ceases to be pending at the earliest of these |
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| | |
| | (a) | when the proceedings on the appeal are abandoned; |
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| | |
| | (i) | allows the appeal, or |
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| | (ii) | dismisses the appeal. |
|
| | |
| | (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 |
|
| | |
| | (c) | the remand order has remained in force until that time, |
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| | | then, subject to subsection (6), the remand order continues to remain |
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| | in force while the Supreme Court appeal is pending. |
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|
|
| |
| |
|
| | (5) | The Supreme Court appeal ceases to be pending at the earliest of these |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
|
|
| |
| |
|
| | (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 |
|
| | |
| | (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 |
|
| | |
| | “(2) | Subsection (1) does not prevent an appeal against a determination of a |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
|
|
| |
| |
|
| | 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 |
|
| | |
| | (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 |
|
| | |
| | |
| | (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 |
|
| | |
| | | the decision in those proceedings becomes final when it is made. |
|
| | |
| | (a) | the relevant proceedings are proceedings on a Supreme Court |
|
| | |
| | (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 |
|
| | |
|