Statutory Instruments
2024 No. 1316 (S. 3)
Constitutional Law
Devolution, Scotland
Criminal Procedure
Extradition
The Bail and Release from Custody (Scotland) Act 2023 (Consequential Modifications) Order 2024
Made
9th December 2024
Coming into force in accordance with article 1
The Secretary of State makes the following Order in exercise of the powers conferred by sections 104, 112(1) and 113(4) and (5) of the Scotland Act 1998( 1 ).
In accordance with paragraphs 1, 2 and 3 of Schedule 7 to that Act a draft of this Order has been laid before and approved by a resolution of each House of Parliament.
Citation, commencement and extent
1. This Order may be cited as the Bail and Release from Custody (Scotland) Act 2023 (Consequential Modifications) Order 2024 and comes into force on the day after the day on which it is made.
2. This Order extends to Scotland only.
Amendment of the Criminal Procedure (Scotland) Act 1995
3. —(1)The Criminal Procedure (Scotland) Act 1995( 2 ) is amended as follows.
(2) In section 24F (bail: extradition proceedings)( 3 ), before subsection (1)(c)(i) insert—
“ (ai) subsection (1A) of section 23C ( 4 ) ; ” .
(3) After section 24F(1), insert—
“ (1A) In the application of the provisions of this Part by virtue of section 7(7) of the Extradition Act 2003 ( 5 ) (identity of person arrested), those provisions apply with the modification that subsection (1A) of section 23C does not apply. ” .
Transitional and saving provision
4. —(1) For the purposes of any pre-2023 Act proceedings, section 23C of the Criminal Procedure (Scotland) Act 1995( 6 ) applies to such proceedingsby virtue of sections 7(7), 9(2) and 77(2) of the Extradition Act 2003 (“ the 2003 Act ”) as it applied to such proceedings before the coming into force of section 2(3) of the Bail and Release from Custody (Scotland) Act 2023( 7 ) (“ the 2023 Act ”).
(2) In paragraph (1), “ pre-2023 Act proceedings ” means any proceedings relating to a person under the 2003 Act where—
(a) the designated authority received the Part 1 warrant in respect of the person under section 2 of the 2003 Act,
(b) the person was arrested under section 5 of the 2003 Act, or
(c) the Scottish Ministers( 8 ) received the request for the extradition of the person to a category 2 territoryunder section 70 of the 2003 Act,
before the coming into force of section 2 of the 2023 Act.
(3) In paragraph (2)—
“ designated authority ” has the meaning given by section 2(9) of the 2003 Act;
“ Part 1 warrant ” has the meaning given by section 2(2) of the 2003 Act;
“ Category 2 territory ” has the meaning given by section 69(2) of the 2003 Act.
Ian Murray
Secretary of State
Office of the Secretary of State for Scotland
9th December 2024
1998 c. 46 . There are amendments to section 104 which are not relevant to this Order.
Existing section 24A (which was inserted by the Extradition Act 2003 (c. 41) , section 199) was renumbered as section 24F by S.S.I. 2005/40 , article 4(2).
Subsection (1A) was inserted by the Bail and Release from Custody (Scotland) Act 2023 (asp 4) , section 2(3)(b).
2003 c. 41 . There are amendments to section 7 by the Police and Justice Act 2006 (c. 48) and by the Policing and Crime Act 2009 (c. 26) which are not relevant to this Order.
Section 23C was inserted by the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6) , section 1.
Subject to exceptions which are not relevant to this Order, any function which falls under Part 2 of the Extradition Act 2003 to be exercised in relation to Scotland only is exercisable by the Scottish Ministers (see section 141 of that Act).