The Extradition Appeals (Scotland) Order 2024

• Citation: S.I. 2024/172
• Sections: 4

Section 1 Citation, commencement and extent

(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.

Section 2 Interpretation

In this Order, “ section 108 human rights appeal ” means—

(a) an appeal brought—

(i) in accordance with section 108(4) of the Extradition Act 2003 if, or to the extent that, it is an appeal against an order by the Scottish Ministers 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 1998 ; and

(ii) in circumstances where the Scottish Ministers were precluded from considering that question by section 70(11) of the Extradition Act 2003 ; or

(b) an appeal brought in accordance with section 108(5) and (6) of the Extradition Act 2003 .

Section 3 Modification of the Extradition Act 2003

(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.

Section 4 Transitional provision

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 Justiciary , 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.