Access to Justice Act 1999

The Extradition Act 1989 (c.33) U.K.

31 The Extradition Act 1989 has effect subject to the following amendments.

32 In section 8(1)(a) (issue of warrant for arrest on receipt of an authority to proceed by the chief metropolitan stipendiary magistrate or a designated metropolitan magistrate), for “chief metropolitan stipendiary magistrate or a designated metropolitan magistrate” substitute “ Senior District Judge (Chief Magistrate) or another District Judge (Magistrates’ Courts) designated by him ”.

33 (1) Section 9 (proceedings for committal) is amended as follows.

(2) In subsection (1) (person arrested in pursuance of a warrant under section 8 to be brought before a court consisting of a metropolitan magistrate or a sheriff), omit the words from “consisting” to the end.

(3) In subsection (2) (court of committal in England and Wales), after “Wales” insert “ shall consist of the Senior District Judge (Chief Magistrate) or another District Judge (Magistrates’ Courts) designated by him and ”.

(4) In subsection (3) (court of committal in Scotland), after “Scotland” insert “ shall consist of the sheriff of Lothian and Borders and ”.

34 In section 10(7) (cases in which order by metropolitan magistrate ceases to have effect), for “metropolitan magistrate” substitute “ District Judge (Magistrates’ Courts) ”.

35 In section 24(4) (suppression of terrorism), in the paragraph (c) treated as added at the end of paragraph 1(2)(b) of Schedule 1, for “metropolitan magistrate” substitute “ District Judge (Magistrates’ Courts) ”.

36 (1) Schedule 1 (provisions deriving from the Extradition Act 1870 and associated enactments) is amended as follows.

(2) In paragraphs 1(2)(b), 6(2), 7(1) and (2), 8(1) and 11, for “metropolitan magistrate” substitute “ District Judge (Magistrates’ Courts) ”.

(3) In paragraph 4(2) (order of Secretary of State for issue of warrant), for “a metropolitan magistrate” substitute “ the Senior District Judge (Chief Magistrate) or another District Judge (Magistrates’ Courts) designated by him ”.

(4) In paragraph 5 (issue of warrant for apprehension on receipt of order by metropolitan magistrate)—

(a) in sub-paragraphs (1)(a) and (3), for “a metropolitan magistrate” substitute “ the Senior District Judge (Chief Magistrate), or another District Judge (Magistrates’ Courts) designated by him, ”, and

(b) in sub-paragraph (4), for “metropolitan magistrate, unless the metropolitan magistrate” substitute “ District Judge (Magistrates’ Courts) unless he ”.

(5) In paragraph 6(1) (hearing of case), for “metropolitan magistrate, the metropolitan magistrate” substitute “ District Judge (Magistrates’ Courts) he ”.

(6) In paragraph 13 (crimes committed at sea)—

(a) in sub-paragraph (1)(a), for the words after “as if” substitute “ the references to the Senior District Judge (Chief Magistrate) or another District Judge (Magistrates’ Courts) designated by him were to any District Judge (Magistrates’ Courts) and those references and the references to a District Judge (Magistrates’ Courts) (apart from that in paragraph 11) included any sheriff in Scotland and any resident magistrate in Northern Ireland; ”,

(b) in sub-paragraph (1)(c), for “the stipendiary magistrate,” substitute “ any District Judge (Magistrates’ Courts), or the ”, and

(c) omit sub-paragraph (2).