§ (1) Section 1 of the Bail (Amendment) Act 1993 (c.26) (prosecution right of appeal against grant of bail) is amended as follows.
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(2) After subsection (1) insert —
(1A) Where a magistrates' court grants bail to a person in connection with extradition proceedings, the prosecution may appeal to a judge of the Crown Court against the granting of bail.
§ (3) In subsection (3) for "Such an appeal" substitute" An appeal under subsection (1) or (1A)".
§ (4) In subsection (4)—
- (a) after subsection (1) insert "or (1A)";
- (b) for "magistrates' court" substitute "court which has granted bail";
- (c) omit "such".
§ (5) In subsection (5) for "magistrates' court" substitute "court which has granted bail".
§ (6) In subsection (6) for "magistrates' court" substitute "court which has granted bail"
§ (7) In subsection (8)—
- (a) after "subsection (1)" insert "or (1A)";
- (b) omit "magistrates.
§ (8) In subsection (10)(b) for "reference in subsection (5) above to remand in custody is" substitute "references in subsections (6) and (9) above to remand in custody are".
§ (9) After subsection (11) insert"—
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(12) In this section—
court" in relation to extradition proceedings includes a judge of a court or a justice of the peace;
extradition proceedings" means proceedings under the Extradition Act 2003;
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prosecution" in relation to extradition proceedings means the person acting on behalf of the territory to which extradition is sought"'.
—[Mr. Bob Ainsworth.]
§ Brought up, read the First and Second time, and added to the Bill.