OpenLegislation

Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Order)

This Order designates the Lord Advocate and procurators fiscal for the purposes of section 83E of the Extradition Act 2003 (forum bar). The designation enables those persons to issue a prosecutor’s certificate under section 83C of that Act.

Sections 83A to 83E of the 2003 Act, as inserted by the Crime and Courts Act 2013, provide that the extradition of a person to a category 2 territory is barred by reason of forum if the extradition would not be in the interests of justice. If a designated prosecutor issues a prosecutor’s certificate, the sheriff hearing the proceedings must decide that extradition is not barred by reason of forum.