Svoboda | Graniru | BBC Russia | Golosameriki | Facebook

Search Legislation

Advanced Search

Extradition Act 2003

Section 199: Bail: Scotland

567.This section amends the Criminal Procedure (Scotland) Act 1995. A new section 24A is inserted into Part 3 of that Act, modifying the Act’s provisions on bail in relation to extradition proceedings. The effect of the new provisions is that the existing Scots law of bail applies to persons facing extradition, in so far as this is consistent with the Act. This is to reflect the situation in England and Wales.

568.In Scotland, unlike in England and Wales, the police have no power to grant bail. However, the Lord Advocate has the power to grant bail to any person charged with any crime or offence. The new section 24A(1)(b) makes it clear that the Lord Advocate can exercise this power in relation to a person subject to extradition proceedings.

569.The new section 24A also includes an order-making power to enable the Scottish Ministers to amend the bail provisions in the Criminal Procedure (Scotland) Act 1995, in so far as is necessary or expedient, for the purposes of extradition.

Back to top

Options/Help

Print Options

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources