Section 83D Questioning of prosecutor's certificateF1

(1)

No decision of a designated prosecutor relating to a prosecutor's certificate in respect of D's extradition (a “relevant certification decision”) may be questioned except on an appeal under section 103 or 108 against an order for that extradition.

(2)

In England and Wales, and Northern Ireland, for the purpose of—

(a)

determining whether to give permission for a relevant certification decision to be questioned, and

(b)

determining any such question (if that permission is given),

the High Court must apply the procedures and principles which would be applied by it on an application for judicial review.

(3)

In Scotland, for the purpose of determining any questioning of a relevant certification decision, the High Court must apply the procedures and principles that would be applied by it on an application for judicial review.

(4)

In a case where the High Court quashes a prosecutor's certificate, the High Court is to decide the question of whether or not the extradition is barred by reason of forum.

(5)

Where the High Court is required to decide that question by virtue of subsection (4)—

(a)

sections 83A to 83C and this section apply in relation to that decision (with the appropriate modifications) as they apply to a decision by a judge; and

(b)

in particular—

(i)

a reference in this section to an appeal under section 103 or 108 has effect as a reference to an appeal under section 114 to the Supreme Court;

(ii)

a reference in this section to the High Court has effect as a reference to the Supreme Court.

Annotations

Textual amendments

F1: Ss. 83A-83E inserted (18.9.2013 for specified purposes, 14.10.2013 for E.W.N.I. in so far as not already in force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 20 para. 6 (with Sch. 20 para. 7 8); S.I. 2013/2349, art. 2(2)(3)

Notes on Part 2

Commencement

I1: Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Notes on The extradition hearing

Commencement

I1: Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))