Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Extradition) 2021

Amendment of the Criminal Procedure Rules 1996

2.—(1) The Criminal Procedure Rules 1996(1) are amended in accordance with this paragraph.

(2) In Chapter 34 (extradition)(2)—

(a) in rule 34.1A (provisional arrest)(3)—

(i) in paragraph (1), after “section 6(3A)” insert “or section 74D(4)(4)”;

(ii) after paragraph (2), insert—

“(3) An application under this rule may be made orally.”;

(b) in rule 34.2 (arrest under provisional warrant)—

(i) in the crossheading after “warrant” insert “or provisional arrest without warrant”;

(ii) in paragraph (1), after “warrant)” insert “or section 74A (provisional arrest where certificate issued under section 74B)”.

(3) In the appendix—

(a) in Form 34.3-C (form of notice of appeal under section 103 or 108 of the Extradition Act 2003)(5), in paragraph 1, for “section 73 of the Extradition Act 2003]” substitute “section 73(3) of the Extradition Act 2003] [or under section 74A (provisional arrest where certificate issued under section 74B) of the Extradition Act 2003]”;

(b) in Form 34.3-D (form of note of appeal under section 105 or 110 of the Extradition Act 2003), in paragraph 1, after “section 73(3) of the Extradition Act 2003]” insert “[or under section 74A (provisional arrest where certificate issued under section 74B) of the Extradition Act 2003]”;

(c) in Form 34.6-B (form of notice of consent to extradition to category 2 territory)(6), in the first paragraph, for “73(3) of the Extradition Act 2003]” substitute “section 73(3) of the Extradition Act 2003] [or under section 74A (provisional arrest where certificate issued under section 74B) of the Extradition Act 2003]”.

(1)

The Criminal Procedure Rules 1996 are in schedule 2 of the Act of Adjournal (Criminal Procedure Rules) 1996 (S.I. 1996/513), last amended by S.S.I. 2021/116.

(2)

Chapter 34 was substituted by S.S.I. 2004/346 and last amended by S.S.I. 2016/103.

(3)

Rule 34.1A was inserted by SSI 2011/194.

(4)

Sections 74A to 74D of the Extradition Act 2003 (c.41) were inserted by section 1 and paragraph 2 of the schedule of the Extradition (Provisional Arrest) Act 2020 (c.18).

(5)

Forms 34.3-C and 34.3-D were substituted by S.S.I. 2004/346 and by S.S.I. 2016/103.

(6)

Form 34.6-B was substituted by S.S.I. 2004/346.