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| Clause 36, page 34, line 1, leave out paragraphs (b) and (c) and insert ‘or |
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| | ( ) | any person affected by the order.’. |
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| Clause 36, page 34, line 26, at end insert— |
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| | ‘( ) | a person mentioned in section 47M(3), or’. |
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| Clause 36, page 34, line 27, leave out paragraphs (a) and (b) and insert— |
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| | ‘( ) | any person affected by the order.’. |
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| Clause 36, page 34, line 31, at end insert— |
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| | ‘47OA | Detention of property pending section 47O appeal |
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| | (1) | This section applies where— |
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| | (a) | an application for an order under section 47M is made within the |
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| | period mentioned in section 47J, and |
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| | (b) | the application is refused. |
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| | (2) | This section also applies where— |
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| | (a) | an order is made under section 47M extending the period for |
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| | which property may be detained under section 47J, and |
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| | (b) | the order is discharged or varied so that detention of the property |
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| | is no longer authorised by virtue of the order. |
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| | (3) | The property may be detained until there is no further possibility of an |
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| | appeal against the decision to refuse the application or discharge or vary |
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| | the order (as the case may be).’. |
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| Clause 36, page 35, line 12, leave out subsection (3) and insert— |
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| | ‘(3) | Omit section 45 (seizure).’. |
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| Clause 37, page 36, line 1, leave out ‘property held by the person’ and insert |
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| Clause 37, page 36, line 9, leave out ‘property held by the person’ and insert |
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| Clause 37, page 36, line 16, leave out ‘property held by the accused’ and insert |
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| Clause 37, page 36, line 21, leave out ‘property held by the accused’ and insert |
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| Clause 37, page 37, line 4, at end insert— |
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| | ‘(11) | In relation to the first or second condition references in sections 127C to 127P to |
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| | the accused are to the person mentioned in that condition.’. |
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| Clause 37, page 37, line 4, at end insert— |
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| | ‘(12) | In relation to the first or second condition section 144(8) has effect as if |
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| | proceedings for the offence had been started against the accused when the |
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| | investigation was started.’. |
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| Clause 37, page 37, line 7, leave out ‘free property held by the accused’ and insert |
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| Clause 37, page 37, line 24, at end insert— |
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| | ‘(4A) | In relation to realisable property which is free property held by the recipient of a |
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| | tainted gift, references in subsection (4) to the accused are to be read as references |
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| | to the recipient of that gift.’. |
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| Clause 37, page 39, line 2, at end insert— |
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| | ‘(4A) | An officer exercising a power under subsection (4) may detain the vehicle for so |
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| | long as is necessary for its exercise.’. |
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| Clause 37, page 41, line 10, at end insert— |
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| | ‘(3) | If such an application is made within that period and the application is |
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| | refused, the property may be detained until there is no further possibility |
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| | of an appeal against (or review of)— |
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| | (a) | the decision to refuse the application, or |
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| | (b) | any decision made on an appeal against (or review of) that |
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| Clause 37, page 41, line 10, at end insert— |
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| | ‘(4) | In subsection (2) the reference to the period mentioned in section 127J |
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| | includes that period as extended by any order under section 127M.’. |
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| Clause 37, page 41, line 20, at end insert— |
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| | ‘(3) | If such an application is made within that period and the application is |
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| | refused, the property may be detained until there is no further possibility |
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| | of an appeal against (or review of)— |
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| | (a) | the decision to refuse the application, or |
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| | (b) | any decision made on an appeal against (or review of) that |
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| Clause 37, page 41, line 32, leave out ‘free property held by the accused’ and insert |
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| Clause 37, page 41, line 32, before ‘, and’ insert ‘other than exempt property |
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| (within the meaning of section 127C(4))’. |
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| Clause 37, page 42, line 12, leave out paragraphs (b) and (c) and insert ‘or |
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| | ( ) | any person affected by the order.’. |
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| Clause 37, page 42, line 37, at end insert— |
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| | ‘( ) | a person mentioned in section 127M(3), or’. |
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| Clause 37, page 42, line 38, leave out paragraphs (a) and (b) and insert— |
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| | ‘( ) | any person affected by the order.’. |
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| Clause 37, page 42, line 41, leave out ‘30’ and insert ‘21’. |
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| Clause 37, page 42, line 44, at end insert— |
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| | ‘127OA | Detention of property pending section 127O appeal |
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| | (1) | This section applies where— |
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| | (a) | an application for an order under section 127M is made within |
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| | the period mentioned in section 127J, and |
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| | (b) | the application is refused. |
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| |
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| | (2) | This section also applies where— |
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| | (a) | an order is made under section 127M extending the period for |
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| | which property may be detained under section 127J, and |
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| | (b) | the order is discharged or varied so that detention of the property |
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| | is no longer authorised by virtue of the order. |
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| | (3) | The property may be detained until there is no further possibility of an |
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| | appeal against the decision to refuse the application or discharge or vary |
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| | the order (as the case may be).’. |
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| Clause 37, page 43, line 11, leave out subsection (3) and insert— |
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| | ‘(3) | Omit section 126 (seizure).’. |
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| Clause 38, page 44, line 5, leave out ‘property held by the person’ and insert |
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| Clause 38, page 44, line 13, leave out ‘property held by the person’ and insert |
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| Clause 38, page 44, line 20, leave out ‘property held by the defendant’ and insert |
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| Clause 38, page 44, line 25, leave out ‘property held by the defendant’ and insert |
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| Clause 38, page 45, line 9, at end insert— |
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| | ‘(12) | In relation to the first or second condition section 225(9) has effect as if |
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| | proceedings for the offence had been started against the defendant when the |
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| | investigation was started.’. |
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| Clause 38, page 45, line 12, leave out ‘free property held by the defendant’ and |
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| insert ‘realisable property’. |
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| Clause 38, page 45, line 30, at end insert— |
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| | ‘(4A) | In relation to realisable property which is free property held by the recipient of a |
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| | tainted gift, references in subsection (4) to the defendant are to be read as |
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| | references to the recipient of that gift.’. |
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| Clause 38, page 47, line 10, at end insert— |
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| | ‘(4A) | An officer exercising a power under subsection (4) may detain the vehicle for so |
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| | long as is necessary for its exercise.’. |
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| Clause 38, page 49, line 19 , at end insert— |
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| | ‘(3) | If such an application is made within that period and the application is |
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| | refused, the property may be detained until there is no further possibility |
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| | |
| | (a) | the decision to refuse the application, or |
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| | (b) | any decision made on an appeal against that decision.’. |
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| Clause 38, page 49, line 19 , at end insert— |
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| | ‘(4) | In subsection (2) the reference to the period mentioned in section 195J |
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| | includes that period as extended by any order under section 195M.’. |
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| Clause 38, page 49, line 29, at end insert— |
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| | ‘(3) | If such an application is made within that period and the application is |
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| | refused, the property may be detained until there is no further possibility |
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| | |
| | (a) | the decision to refuse the application, or |
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| | (b) | any decision made on an appeal against that decision.’. |
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| Clause 38, page 49, line 42, leave out ‘free property held by the defendant’ and |
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| insert ‘realisable property’. |
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| Clause 38, page 49, line 42, before ‘, and’ insert ‘other than exempt property |
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| (within the meaning of section 195C(4))’. |
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| Clause 38, page 50, line 25, leave out paragraphs (b) and (c) and insert ‘or |
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| | ( ) | any person affected by the order.’. |
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| Clause 38, page 51, line 7, at end insert— |
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| | ‘( ) | a person mentioned in section 195M(3), or’. |
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| Clause 38, page 51, line 8, leave out paragraphs (a) and (b) and insert— |
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| | ‘( ) | any person affected by the order.’. |
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| |
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| Clause 38, page 51, line 12, at end insert— |
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| | ‘195OA | Detention of property pending section 195O appeal |
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| | (1) | This section applies where— |
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| | (a) | an application for an order under section 195M is made within |
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| | the period mentioned in section 195J, and |
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| | (b) | the application is refused. |
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| | (2) | This section also applies where— |
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| | (a) | an order is made under section 195M extending the period for |
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| | which property may be detained under section 195J, and |
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| | (b) | the order is discharged or varied so that detention of the property |
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| | is no longer authorised by virtue of the order. |
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| | (3) | The property may be detained until there is no further possibility of an |
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| | appeal against the decision to refuse the application or discharge or vary |
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| | the order (as the case may be).’. |
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| |
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| Clause 38, page 51, line 39, leave out subsection (3) and insert— |
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| | ‘(3) | Omit section 194 (seizure).’. |
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| Clause 50, page 63, line 6, leave out from ‘if’ to ‘is charged’ in line 8 and insert ‘— |
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| | (a) | a person has been brought before the appropriate judge under section 4(3) |
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| | or 6(2) but the extradition hearing has not begun; and |
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| | (b) | the judge is informed that the person’. |
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| Clause 50, page 63, line 9, leave out ‘on the Part 1 warrant to be deferred’ and |
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| insert ‘in respect of the extradition to be adjourned’. |
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| Clause 50, page 63, line 18, leave out ‘on the Part 1 warrant to be deferred’ and |
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| insert ‘in respect of the extradition to be adjourned’. |
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| Clause 50, page 63, line 23, leave out from ‘if’ to ‘is in custody’ in line 25 and |
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| | (a) | a person has been brought before the appropriate judge under section 4(3) |
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| | or 6(2) but the extradition hearing has not begun; and |
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| |
| |
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| | (b) | the judge is informed that the person’. |
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| Clause 50, page 63, line 27, leave out ‘on the Part 1 warrant to be deferred’ and |
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| insert ‘in respect of the extradition to be adjourned’. |
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| |
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| Clause 50, page 63, line 29, after ‘otherwise).’ insert— |
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| | ‘(3) | In a case where further proceedings in respect of the extradition are adjourned |
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| | |
| | (a) | section 131 of the Magistrates’ Courts Act 1980 (remand of accused |
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| | already in custody) has effect as if a reference to 28 clear days in |
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| | subsection (1) or (2) of that section were a reference to six months; |
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| | (b) | Article 47(2) of the Magistrates’ Courts (Northern Ireland) Order 1981 |
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| | (period of remand in custody) has effect as if a reference to 28 days in— |
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| | (i) | sub-paragraph (a)(iii), or |
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| | (ii) | the words after sub-paragraph (b), |
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| | | were a reference to six months.’. |
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| Clause 51, page 63, line 34, leave out from ‘if’ to ‘is charged’ in line 35 and insert |
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| |
| | (a) | a person has been brought before the appropriate judge under section |
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| | 72(3) or 74(3) but the extradition hearing has not begun; and |
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| | (b) | the judge is informed that the person’. |
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| Clause 51, page 63, line 37, leave out ‘on the request to be deferred’ and insert ‘in |
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| respect of the extradition to be adjourned’. |
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| |
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| Clause 51, page 64, line 3, leave out ‘on the request to be deferred’ and insert ‘in |
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| respect of the extradition to be adjourned’. |
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| |
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| Clause 51, page 64, line 8, leave out from ‘if’ to ‘is in custody’ in line 9 and insert |
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| |
| | (a) | a person has been brought before the appropriate judge under section |
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| | 72(3) or 74(3) but the extradition hearing has not begun; and |
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| | (b) | the judge is informed that the person’. |
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| Clause 51, page 64, line 12, leave out ‘on the request to be deferred’ and insert ‘in |
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| respect of the extradition to be adjourned’. |
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|