§
Amendments made: No. 255, in page 8, line 17, at end insert—
`(1A) If the state seeking his surrender immediately informs the court of committal that it intends to make such an application, the court shall make an order providing for his detention, or direction that he shall not be released except on bail.
§ (1B) Rules of Court may specify— 262
- (a) a period within which a state must make such an application unless the Court grants a longer period; and
- (b) a period within which the court of committal must comply with such an application.'.
§
No. 256, in page 8, line 18, leave out
`refuses to state a case'
and insert
`of committal fails to comply with an application under subsection (1) above within the period specified in Rules of Court'.
§
No. 257, in page 8, line 30, at end insert—
'(4A) An order made by a metropolitan magistrate under subsection (IA) above shall cease to have effect if
- (a) the court dismisses the appeal in respect of the offence or all the offences to which it relates; and
- (b) the state seeking surrender does not immediately
- (i) apply for leave to appeal to the House of Lords; or
- (ii) inform the court that it intends to apply for leave.
§ (4B) An order made by the sheriff of Lothian and Borders under subsection (1A) above shall cease to have effect if the court dismisses the appeal in respect of the offence or all the offences to which it relates.'.
§ No. 258, in page 8, line 31, leave out subsection (5).
§ No. 259, in page 8, line 39, at end insert—
§ '(6A) The House of Lords may exercise any powers of the High Court under subsection (3) above and subsection (4) above shall apply to them as it applies to that Court.
§ (6B) Subject to subsections (4A) and (4B) above, an order under subsection (IA) above shall have effect so long as the case is pending.
§ (6C) For the purposes of this section cases pending (unless proceedings are discontinued) until (disregarding any power of a court to grant leave to take any step out of time) there is no step that the foreign state can take.'.
§ No. 275, in page 8, leave out line 40 and insert—
§ `(7) In the application to Scotland of this section, subsections (6) and (6A) shall be omitted and, in'.—[Mr. John Patten.]