(2) For the purpose of—

(a) determining whether to give permission for a relevant
certification decision to be questioned, and

(b) determining any such question (if that permission is given),

5the High Court must apply the procedures and principles which
would be applied by it on an application for judicial review.

(3) In a case where the High Court quashes a prosecutor’s certificate, the
High Court is to decide the question of whether or not the extradition
is barred by reason of forum.

(4) 10Where the High Court is required to decide that question by virtue
of subsection (3)—

(a) sections 83A to 83C and this section apply in relation to that
decision (with the appropriate modifications) as they apply
to a decision by a judge; and

(b) 15in particular—

(i) a reference in this section to an appeal under section
103 or 108 has effect as a reference to an appeal under
section 114 to the Supreme Court;

(ii) a reference in this section to the High Court has effect
20as a reference to the Supreme Court.

83E Interpretation of sections 83A to 83D

(1) This section applies for the purposes of sections 83A to 83D (and this
section).

(2) These expressions have the meanings given—

• 25“D” has the meaning given in section 83A(1);

• “designated prosecutor” means—

  (a)

  a member of the Crown Prosecution Service, or

  (b)

  any other person who—

  (i)

  is a prosecutor designated for the purposes of
  30this section by order made by the Secretary of
  State, or

  (ii)

  is within a description of prosecutors so
  designated;

• “extradition offence” means the offence specified in the request
  35for extradition (including the conduct that constitutes the
  extradition offence);

• “forum proceedings” has the meaning given in section 83B(1);

• “part of the United Kingdom” means—

  (a)

  England and Wales;

  (b)

  40Scotland;

  (c)

  Northern Ireland;

• “prosecutor” means a person who has responsibility for
  prosecuting offences in any part of the United Kingdom
  (whether or not the person also has other responsibilities);

• 45“prosecutor’s certificate” has the meaning given in section
  83C(1);

• “responsible prosecutor”, in relation to a prosecutor’s
  certificate, means—

  Crime and Courts BillPage 311

  (a)

  the designated prosecutor giving the certificate, or

  (b)

  another designated prosecutor.

(3) In determining for any purpose whether an offence corresponds to
the extradition offence, regard must be had, in particular, to the
5nature and seriousness of the two offences.

(4) A reference to a formal decision as to the prosecution of D for an
offence is a reference to a decision (made after complying with, in
particular, any applicable requirement concerning a code of practice)
that D should, or should not, be prosecuted for the offence.”

10Transitional provision, saving and repeals

7 (1) In a case where the Part 1 warrant, or the request for the person’s extradition,
has been issued before the time when the amendments made by this Part of
this Schedule come into force, those amendments apply to the extradition
concerned only if, at that time, the judge has not yet decided all of the
15existing extradition bar questions.

(2) For that purpose—

• “existing extradition bar questions” means—

  (a)

  the questions in section 11(1) of the Extradition Act 2003 (in
  the case of a Part 1 warrant), or

  (b)

  20the questions in section 79(1) of that Act (in the case of a
  request for the person’s extradition),

  as those questions stand before their amendment by this Part of this
  Schedule;

• “Part 1 warrant” and “request for a person’s extradition” have the same
  25meanings as in the Extradition Act 2003.

8 The powers conferred by section 177, 178 and 222 of the Extradition Act 2003
are exercisable in relation to any amendment of that Act made by this Part
of this Schedule.

9 In the Police and Justice Act 2006, in Schedule 13 (extradition), in Part 1
30(amendments to the Extradition Act 2003), omit paragraphs 4 to 6 (and the
italic heading preceding paragraph 4).

Part 2 Human rights issues

Extradition to category 2 territories

10 35Part 2 of the Extradition Act 2003 (extradition to category 2 territories) is
amended as follows.

11 In section 70 (extradition request and certificate), after subsection (9) insert—

“(10) Subsection (11) applies at all times after the Secretary of State issues
a certificate under this section.

(11) 40The Secretary of State is not to consider whether the extradition
would be compatible with the Convention rights within the meaning
of the Human Rights Act 1998.”.

12 In section 108 (appeal against extradition order) after subsection (4) insert—

“(5) But notice of an appeal under this section may be given after the end
of the permitted period if it is an appeal on human rights grounds.

(6) Notice of any such appeal must be given in accordance with rules of
5court at a time before the person is extradited to the category 2
territory in accordance with section 117.

(7) Where notice of an appeal is given in accordance with subsections (5)
and (6), the High Court is to consider the appeal only if it appears to
the High Court that—

(a) 10the appeal is necessary to avoid real injustice, and

(b) the circumstances are exceptional and make it appropriate to
consider the appeal.

(8) In this section “appeal on human rights grounds” means an appeal
against the order for the person’s extradition on the grounds (and
15only on the grounds) that the extradition would not be compatible
with the Convention rights within the meaning of the Human Rights
Act 1998.”

13 In section 117 (extradition where no appeal), after subsection (4) insert—

“(5) If a person brings an appeal under section 108 by virtue of subsection
20(5) of that section, this section ceases to apply (but section 118 applies
instead).”

Transitional provision and saving

14 (1) In a case where a request for a person’s extradition has been issued before
the time when the amendments made by this Part of this Schedule come into
25force, those amendments apply to the extradition concerned only if—

(a) the person concerned has not made any human rights
representations to the Secretary of State during the relevant period,
or

(b) the person concerned has made such representations during that
30period and the Secretary of State has finished considering them by
the end of that period.

(2) For that purpose—

• “human rights representations” means representations that the
  extradition would not be compatible with the Convention rights
  35within the meaning of the Human Rights Act 1998;

• “relevant period” means the period that—

  (a)

  begins when the Secretary of State issues a certificate under
  section 70 of the Extradition Act 2003 in relation to the
  extradition, and

  (b)

  40ends when the amendments made by this Part of this
  Schedule come into force;

• “request for a person’s extradition” has the same meaning as in the
  Extradition Act 2003.

15 The powers conferred by section 177, 178 and 222 of the Extradition Act 2003
45are exercisable in relation to any amendment of that Act made by this Part
of this Schedule.

Part 3 Devolution issues in Scotland

Extradition to category 1 territories

16 Part 1 of the Extradition Act 2003 (extradition to category 1 territories) is
5amended as follows.

17 (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.”.

(2) After section 30 insert—

“30A 10Detention 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 authority”) that it intends to
appeal under section 28 (“the High Court appeal”).

(2) 15The 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) 20when the High Court—

(i) allows the appeal, or

(ii) dismisses the appeal.

(4) If—

(a) the High Court appeal is dismissed, and

(b) 25immediately after dismissing it, the High Court is informed
by 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”),

the High Court must remand the person in custody or on bail while
30the 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
35period, 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
40made 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
5(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 High Court may later grant bail.

(7) In this section “relevant devolution issue” means a devolution issue
10relating to the person’s extradition.

(8) This section applies only to Scotland.”

18 After section 33 insert—

“33ZA Scottish devolution issue: remand in custody or on bail

(1) This section applies where, on an appeal to the Supreme Court
15against 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
20pending the person’s extradition.

(3) If the Supreme Court remands the person in custody it may later
grant bail.”

19 After section 33A insert—

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

(1) 25This 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) 30The 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) 35the 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
40the 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
5are 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) 10In 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) 15Subsection (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) 20The 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
25an order for a person’s extradition to a category 1 territory,
and

(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) 30the 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
35such 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
40becomes 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
45in 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) 5at 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) 10when 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
15before 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
20time.

(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
25Court 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) 30the 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) 35In 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 40Part 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 preceding 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
5territory 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
10times—

(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) 15dismisses 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
20against 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
25these 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) 30the 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) 35the 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) 40the 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,
45the 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) 5After 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) 10the 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
15writing 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) 20when the proceedings on the appeal are abandoned;

(b) when the High Court—

(i) allows the appeal, or

(ii) dismisses the appeal.

(4) If—

(a) 25the 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) 30the 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.

(5) The Supreme Court appeal ceases to be pending at the earliest of
these times—

(a) 35the 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
40the 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
45which 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
5territory (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
10relating 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) 15This 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
20Supreme 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) 25The 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
30permission 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
35Supreme 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
40are 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
45relating to the person’s extradition.

(6) This section applies only to Scotland.”