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(1) This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Extradition) 2021.
(2) It comes into force on 15th October 2021.
(3) A certified copy is to be inserted in the Books of Adjournal.
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(1) The Criminal Procedure Rules 1996 are amended in accordance with this paragraph.
(2) In Chapter 34 (extradition)—
(a) in rule 34.1A (provisional arrest)—
(i) in paragraph (1), after “section 6(3A)” insert “or section 74D(4)”;
(ii) after paragraph (2), insert—“
(3) An application under this rule may be made orally.”;
(b) in rule 34.2 (arrest under provisional warrant)—
(i) in the crossheading after “warrant” insert “orprovisional arrest without warrant”;
(ii) in paragraph (1), after “warrant)” insert “or section 74A (provisional arrest where certificate issued under section 74B)”.
(3) In the appendix—
(a) in Form 34.3-C (form of notice of appeal under section 103 or 108 of the Extradition Act 2003), in paragraph 1, for “section 73 of the Extradition Act 2003]” substitute “section 73(3) of the Extradition Act 2003] [or under section 74A (provisional arrest where certificate issued under section 74B) of the Extradition Act 2003]”;
(b) in Form 34.3-D (form of note of appeal under section 105 or 110 of the Extradition Act 2003), in paragraph 1, after “section 73(3) of the Extradition Act 2003]” insert “[or under section 74A (provisional arrest where certificate issued under section 74B) of the Extradition Act 2003]”;
(c) in Form 34.6-B (form of notice of consent to extradition to category 2 territory), in the first paragraph, for “73(3) of the Extradition Act 2003]” substitute “section 73(3) of the Extradition Act 2003] [or under section 74A (provisional arrest where certificate issued under section 74B) of the Extradition Act 2003]”.
CJM SUTHERLAND
Lord Justice General
I.P.D.
Edinburgh
14th September 2021