Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) 2016

Amendment of Chapter 34 of the Criminal Procedure Rules 1996

2.—(1) Chapter 34 (extradition) of the Criminal Procedure Rules 1996(1) is amended in accordance with this paragraph.

(2) For rules 34.3 (appeals) and 34.4 (hearing of appeals)(2) substitute—

“Application for leave to appeal

34.3.— (1) An application for leave to appeal under—

(a) section 26 of the Act of 2003 (appeal against extradition order) is made in Form 34.3–A;

(b) section 28 of the Act of 2003 (appeal against discharge at extradition hearing) is made in Form 34.3–B;

(c) section 103 (appeal where case sent to Scottish Ministers) or 108 (appeal against extradition order) of the Act of 2003 is made in Form 34.3–C;

(d) section 105 (appeal against discharge at extradition hearing) or section 110 (appeal against discharge by Scottish Ministers) of the Act of 2003 is made in Form 34.3–D.

(2) Notice of an application for leave to appeal mentioned in paragraph (1) must be given by serving a copy of the application—

(a) in the case of an appeal under section 26, 103 or 108 of the Act of 2003, on the Crown Agent; and

(b) in the case of an appeal under section 28, 105 or 110 of the Act of 2003, on the arrested person.

(3) An application for leave to appeal under paragraph (1)—

(a) must be accompanied by an execution of service; and

(b) is made when it is lodged with the Clerk of Justiciary.

Hearing of appeals

34.3A.— (1) When an application for leave to appeal is made under—

(a) section 26 (appeal against extradition order);

(b) section 28 (appeal against discharge at extradition hearing);

(c) section 103 (appeal where case sent to Scottish Ministers); or

(d) section 105 (appeal against discharge at extradition hearing),

of the Act of 2003, the Clerk of Justiciary must intimate the application to the sheriff clerk.

(2) On intimation, the sheriff clerk must request a report from the presiding sheriff.

(3) The sheriff is to comply with that request within 14 days of receiving it.

(4) On receipt of the report from the sheriff the sheriff clerk must transmit that report together with two certified copies of the minutes of proceedings and any other relevant documents to the Clerk of Justiciary.

(5) When an application for leave to appeal is made under—

(a) section 108 (appeal against extradition order); or

(b) section 110 (appeal against discharge by Scottish Ministers),

of the Act of 2003, the Clerk of Justiciary must request a report from the Scottish Ministers.

(6) The Scottish Ministers are to comply with that request within 14 days of receiving it.

(7) Upon receipt of the report from the sheriff or the Scottish Ministers, the Clerk of Justiciary must—

(a) send a copy to the arrested person and the Crown Agent; and

(b) fix a diet for the hearing of the application for leave to appeal.

(8) At that diet the court may—

(a) refuse leave to appeal;

(b) grant leave to appeal and determine the appeal; or

(c) grant leave to appeal and order that a further diet be fixed for hearing the appeal.

(9) When leave to appeal is granted under paragraph (8)(c) the Clerk of Justiciary must fix a further diet for hearing the appeal.

Time limits

34.4.— (1) The High Court is to begin to hear an appeal under section 26 or 28 of the Act of 2003 within 40 days after the date on which the arrested person was arrested.

(2) The High Court is to begin to hear an appeal under section 103, 105, 108 or 110 of the Act of 2003 within 76 days after the date on which the note of appeal is lodged.”.

(1)

The Criminal Procedure Rules 1996 are in Schedule 2 to the Act of Adjournal (Criminal Procedure Rules) 1996 (S.I. 1996/513, last amended by S.S.I. 2015/443). Chapter 34 was substituted by S.S.I. 2004/346 and last amended by S.S.I. 2012/125.

(2)

Rules 34.3 and 34.4 were substituted by S.S.I. 2004/346.