2024 No. 172 (S. 1)
The Extradition Appeals (Scotland) Order 2024
Made
Laid before Parliament
Coming into force
The Secretary of State makes this Order in exercise of the powers conferred by sections 58(12)(c) and 59(1) and (2) of the Crime and Courts Act 20131.
Citation, commencement and extent1
1
This Order may be cited as the Extradition Appeals (Scotland) Order 2024.
2
This Order comes into force on 13th March 2024.
3
This Order extends to Scotland only.
Interpretation2
In this Order, “section 108 human rights appeal” means—
a
an appeal brought—
i
in accordance with section 108(4) of the Extradition Act 20032 if, or to the extent that, it is an appeal against an order by the Scottish Ministers3 for a person’s extradition on the grounds that the extradition would not be compatible with the Convention rights within the meaning of the Human Rights Act 19984; and
ii
in circumstances where the Scottish Ministers were precluded from considering that question by section 70(11) of the Extradition Act 20035; or
b
an appeal brought in accordance with section 108(5) and (6) of the Extradition Act 20036.
Modification of the Extradition Act 20033
1
The Extradition Act 2003 is modified as follows.
2
Subsections (2) to (4) of section 109 of the Extradition Act 2003 do not apply to a section 108 human rights appeal.
Transitional provision4
In a case where notice of application for leave to bring a section 108 human rights appeal has been given before the day on which this Order comes into force but that appeal has not yet been allowed or dismissed by the High Court of Justiciary7, the modification made by this Order applies to that appeal as it applies to a section 108 human rights appeal brought on or after that day.
(This note is not part of the Order)