Crime and Courts Bill [HL]

Session 2012 - 13
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Other Bills before Parliament

Crime and Courts Bill [HL]

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“(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 court 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)
the 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 only 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 (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 force, 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

period 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

within 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)
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.

59

15
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.

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

amended 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
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 authority”) that it intends

to appeal under section 28 (“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, 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 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 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);

60

(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 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 relating 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

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 it may later

grant bail.”

19
After section 33A insert—

“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—

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(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

(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

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(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,


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 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 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 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

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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 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.