The Bail and Release from Custody (Scotland) Act 2023 (Consequential Modifications) Order 2024

• Citation: S.I. 2024/1316
• Sections: 4

Section 1 Citation, commencement and extent

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.

Section 2 Citation, commencement and extent

This Order extends to Scotland only.

Section 3 Amendment of the Criminal Procedure (Scotland) Act 1995

(1) The Criminal Procedure (Scotland) Act 1995 is amended as follows.

(2) In section 24F (bail: extradition proceedings) , before subsection (1)(c)(i) insert—

(ai) subsection (1A) of section 23C ;

(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 (identity of person arrested), those provisions apply with the modification that subsection (1A) of section 23C does not apply.

Section 4 Transitional and saving provision

(1) For the purposes of any pre-2023 Act proceedings, section 23C of the Criminal Procedure (Scotland) Act 1995 applies to such proceedings by 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 (“ 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 received the request for the extradition of the person to a category 2 territory under 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.