The Extradition Appeals (Scotland) Order 2024
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Change 1
2 Interpretation
In this Order, “section 108 human rights appeal” means— (a) an appeal brought— (i) in accordance with section 108(4) of the Extradition Act 2003 if, or to the extent that, it is an appeal against an order by the Scottish Ministers for a person’s extradition on the grounds that the extradition would not be compatible with the Convention rights within the meaning of the Human Rights Act 1998; and (ii) in circumstances where the Scottish Ministers were precluded from considering that question by section 70(11) of the Extradition Act 2003; or (b) an appeal brought in accordance with section 108(5) and (6) of the Extradition Act 2003.
2 Interpretation
In this Order, “section 108 human rights appeal” means— (a) an appeal brought— (i) in accordance with section 108(4) of the Extradition Act 2003 if, or to the extent that, it is an appeal against an order by the Scottish Ministers for a person’s extradition on the grounds that the extradition would not be compatible with the Convention rights within the meaning of the Human Rights Act 1998; and (ii) in circumstances where the Scottish Ministers were precluded from considering that question by section 70(11) of the Extradition Act 2003; or (b) an appeal brought in accordance with section 108(5) and (6) of the Extradition Act 2003.
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