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Paragraph 34.3 Application for leave to appealF1F2

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

An application for leave to appeal under—

(a)

section 26 of the Act of 2003 (appeal against extradition order) is made in Form 34.3–A;

(b)

section 28 of the Act of 2003 (appeal against discharge at extradition hearing) is made in Form 34.3–B;

(c)

section 103 (appeal where case sent to Scottish Ministers) or 108 (appeal against extradition order) of the Act of 2003 is made in Form 34.3–C;

(d)

section 105 (appeal against discharge at extradition hearing) or section 110 (appeal against discharge by Scottish Ministers) of the Act of 2003 is made in Form 34.3–D.

(2)

Notice of an application for leave to appeal mentioned in paragraph (1) must be given by serving a copy of the application—

(a)

in the case of an appeal under section 26, 103 or 108 of the Act of 2003, on the Crown Agent; and

(b)

in the case of an appeal under section 28, 105 or 110 of the Act of 2003, on the arrested person.

(3)

An application for leave to appeal under paragraph (1)—

(a)

must be accompanied by an execution of service; and

(b)

is made when it is lodged with the Clerk of Justiciary.

Annotations

Textual amendments

F1

Sch. 2 Ch. 34 substituted (18.8.2004) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Extradition etc.) 2004 (S.S.I. 2004/346), paras. 1(1), 2(5)

F2

Sch. 2 rules 34.3-34.4 substituted (1.3.2016) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) 2016 (S.S.I. 2016/103), paras. 1(2), 2(2) (with para. 5(1))