OpenLegislation

Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Rules)

Rules 4 and 5 of these Rules amend the Magistrates' Courts (Extradition) Rules 1989 to provide a form of notice of consent to committal for return to be used for the purposes of section 14A(3) of the Extradition Act 1989 (“the Act”). The amendment made by rule 4 provides that a Senior District Judge (Chief Magistrate) or another District Judge (Magistrates' Courts) designated by him for the purposes of the Act may order the committal for return of a person who gives consent under section 14A of the Act before he is committed under section 9 of the Act.

Section 14A of the Act was inserted by Schedule 9 to the European Union Extradition Regulations 2002. Those Regulations implement the provisions of the 1995 Convention and the provisions of the Convention relating to extradition between the Member States of the European Union (which was opened for signature on 27th September 1996) (“the 1996 Convention”). The amendments made to the Act by Schedule 9 to the Regulations apply in relation to the United Kingdom and states other than the Republic of Ireland that are parties to the 1995 Convention or the 1996 Convention, as appropriate.