Page 1130 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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Uluslararası Adli İşbirliği
appeal is dismissed may make an order under subsection (5) in favour of the person.
(5) An order under this subsection in favour of a person is an order for a payment of the app-
ropriate amount to be made to the person out of money provided by Parliament.
(6) The appropriate amount is such amount as the judge or court making the order under sub-
section (5) considers reasonably sufficient to compensate the person in whose favour the order is
made for any expenses properly incurred by him in the proceedings under this Part.
(7) But if the judge or court making an order under subsection (5) is of the opinion that there
are circumstances which make it inappropriate that the person in whose favour the order is made
should recover the full amount mentioned in subsection (6), the judge or court must—
(a) assess what amount would in his or its opinion be just and reasonable;
(b) specify that amount in the order as the appropriate amount.
(8) Unless subsection (7) applies, the appropriate amount—
(a) must be specified in the order, if the court considers it appropriate for it to be so
specified and the person in whose favour the order is made agrees the amount;
(b) must be determined in accordance with regulations made by the Lord Chancellor
for the purposes of this section, in any other case.
135- Costs where discharge ordered: supplementary
(1) In England and Wales, subsections (1) and (3) of section 20 of the Prosecution of Offences
Act 1985 (c. 23) (regulations for carrying Part 2 of that Act into effect) apply in relation to section
134 as those subsections apply in relation to Part 2 of that Act.
(2) As so applied those subsections have effect as if an order under section 134(5) were an
order under Part 2 of that Act for a payment to be made out of central funds.
(3) In Northern Ireland, section 7 of the Costs in Criminal Cases Act (Northern Ireland) 1968
(c.10) (rules relating to costs) applies in relation to section 134 as that section applies in relation
to sections 2 to 5 of that Act.
Repatriation cases
136 Persons serving sentences outside territory where convicted
(1) This section applies if—
(a) a request is made for a person’s extradition to a category 2 territory and the request
contains the statement referred to in subsection (2), or