Explanatory note

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.