# The Extradition Act 2003 (Part 1 Territories) (Designation of Prosecutors) (Scotland) Order 2022

S.I. 2022/366 · made 23 March 2022

This Order designates prosecutors in Scotland as “designated prosecutors” for the purpose of section 19F of the Extradition Act 2003 (“the 2003 Act”).

Made under: Extradition Act 2003 (Section 19F)

PDFs: Printed copy https://openlegislation.uk/extradition-act-2003-part-1-territories-designation-of-prosecutors-scotland-order-2022/pdf/uksi_20220366_en.pdf; UK Explanatory Memorandum https://openlegislation.uk/extradition-act-2003-part-1-territories-designation-of-prosecutors-scotland-order-2022/pdf/uksiem_20220366_en.pdf

## Introductory text

Extradition, Scotland
Made 23rd March 2022
Laid before Parliament 24th March 2022
Coming into force 14th April 2022
The Secretary of State, in exercise of the power conferred by section 19F(2) of the Extradition Act 2003, makes the following Order.

## 1 Citation, commencement and extent

(1) This Order may be cited as the Extradition Act 2003 (Part 1 Territories) (Designation of Prosecutors) (Scotland) Order 2022.
(2) This Order comes into force on 14th April 2022 and extends to Scotland.

## 2 Designated prosecutors

The following persons are designated prosecutors in Scotland for the purposes of section 19F(2) of the Extradition Act 2003—
(a) the Lord Advocate, and
(b) a procurator fiscal.

## Signature

Damian Hinds
Minister of State
Home Office
23rd March 2022

## Explanatory note

(This note is not part of the Order)
This Order designates prosecutors in Scotland as “designated prosecutors” for the purpose of section 19F of the Extradition Act 2003 (“the 2003 Act”).
Section 19B to 19F of the 2003 Act, as inserted by the Crime and Courts Act 2013, provides that the extradition of a person to a category 1 territory is barred by reason of forum if the extradition would not be in the interests of justice. If a designated prosecutor gives a prosecutor’s certificate, the judge hearing the proceedings must decide that extradition is not barred by reason of forum. The 2003 Act provides that any member of the Crown Prosecution Service is a designated prosecutor. This Order designates additional prosecutors for the purpose of extradition proceedings under Part 1 of the 2003 Act carried out in Scotland.
An impact assessment has not been produced for this Order as no impact on business, charities, voluntary agencies or the public sector is foreseen.

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Source: https://www.legislation.gov.uk/uksi/2022/366 (the official version)
Page: https://openlegislation.uk/extradition-act-2003-part-1-territories-designation-of-prosecutors-scotland-order-2022
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.