Session 2012 - 13
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Other Bills before Parliament


 
 

69

 
 

(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 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.

 
 

 
 

70

 
 

(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.

 

(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.

 
 

 
 

71

 
 

(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);

 

(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.”

 
 

 
 

72

 
 

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 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

 
 

 
 

73

 
 

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.”

 

Saving

 

29         

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.”

 
 

 
 

74

 
 

LORD DUBS

 

[As amendments to Commons Amendment 136]

136AParliamentary Star

Line 25, leave out from “judge” to end of line 30 and insert “decides that a

 

substantial measure of D’s relevant activity was performed in the United Kingdom

 

unless, having regard to the interests of justice, the judge decides that the

 

extradition should take place.

 

(3)    

Matters relevant to the interests of justice include but are not limited to—

 

(a)    

the extent and place where most of the loss or harm resulting from

 

the extradition offence occurred or was intended to occur;

 

(b)    

the interests of any victims of the extradition offence;

 

(c)    

the availability of evidence necessary for a fair trial in the United

 

Kingdom and in jurisdictions outside the United Kingdom;

 

(d)    

the desirability and practicability of all prosecutions relating to the

 

extradition offence taking place in one jurisdiction;

 

(e)    

D’s nationality, place of habitual residence and other connections

 

with the United Kingdom.

 

(4)    

In this section “D’s relevant activity” means activity which is material to the

 

commission of the extradition offence and which is alleged to have been

 

performed by D.”

136BParliamentary Star

Line 229, leave out from “judge” to end of line 234 and insert “decides that a

 

substantial measure of D’s relevant activity was performed in the United Kingdom

 

unless, having regard to the interests of justice, the judge decides that the

 

extradition should take place.

 

(3)    

Matters relevant to the interests of justice include but are not limited to —

 

(a)    

the extent and place where most of the loss or harm resulting from

 

the extradition offence occurred or was intended to occur;

 

(b)    

the interests of any victims of the extradition offence;

 

(c)    

the availability of evidence necessary for a fair trial in the United

 

Kingdom and in jurisdictions outside the United Kingdom;

 

(d)    

the desirability and practicability of all prosecutions relating to the

 

extradition offence taking place in one jurisdiction;

 

(e)    

D’s nationality, place of habitual residence and other connections

 

with the United Kingdom.

 

(4)    

In this section “D’s relevant activity” means activity which is material to the

 

commission of the extradition offence and which is alleged to have been

 

performed by D.”

136CParliamentary Star

Line 438, leave out from paragraph 10 to the end of paragraph 15

 

Schedule 19

137

Page 298, line 26, leave out “2” and insert “(Modification of NCA functions)”

 
 

 
 

75

 

After Schedule 19

138

Insert the following new Schedule—

 

“The NCA: Northern Ireland

 

Provisions that do not extend to Northern Ireland

 

1    (1)  

The relevant NCA provisions do not extend to Northern Ireland.

 

      (2)  

The Secretary of State may, by order, provide that any other provision of

 

Part 1 of this Act is not to extend to Northern Ireland.

 

      (3)  

This paragraph is subject to paragraph 2.

 

Power to provide for provisions to extend to Northern Ireland

 

2          

The Secretary of State may, by order, provide for any of the following to

 

extend to Northern Ireland—

 

(a)    

any relevant NCA provision;

 

(b)    

any provision in respect of which an order has been made under

 

paragraph 1(2).

 

Provisions extended to Northern Ireland: consequential provision

 

3          

The Secretary of State may, by order, make such provision as the

 

Secretary of State considers appropriate in consequence of, or in

 

connection with, a provision of this Act extending to Northern Ireland

 

by virtue of an order under paragraph 2.

 

Provisions not extending to Northern Ireland: consequential provision

 

4          

The Secretary of State may, by order, make such provision as the

 

Secretary of State considers appropriate in consequence of, or in

 

connection with, a provision of this Act not extending to Northern

 

Ireland by virtue of—

 

(a)    

paragraph 1(1), or

 

(b)    

an order under paragraph 1(2).

 

NCA functions in Northern Ireland

 

5          

The Secretary of State may, by order, make such provision as the

 

Secretary of State considers appropriate for modifying the ways in

 

which—

 

(a)    

NCA functions are exercised in Northern Ireland, or

 

(b)    

the exercise of NCA functions in Northern Ireland is planned or

 

supervised.

 

Consent of Northern Ireland Assembly to transferred provision

 

6    (1)  

The Secretary of State may not make an order under this Schedule which

 

makes transferred provision unless the Northern Ireland Assembly

 

consents to the making of that provision.

 
 

 
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Revised 25 March 2013