Page 1180 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

Basic HTML Version

1168
Uluslararası Adli İşbirliği
(5) In section 4 after subsection (2) insert—“(2A) This section also applies to a person whose
extradition is sought in respect of an offence, when—
(a) he appears or is brought before a court in the course of or in connection with extra-
dition proceedings in respect of the offence, or
(b) he applies to a court for bail or for a variation of the conditions of bail in connection
with the proceedings.
(2B) But subsection (2A) above does not apply if the person is alleged to be unlawfully at large
after conviction of the offence.”
(6) In section 5B (reconsideration of decisions granting bail) for subsection (1) substitute—
“(A1) This section applies in any of these cases—
(a) a magistrates’ court has granted bail in criminal proceedings in connection with an
offence to which this section applies or proceedings for such an offence;
(b) a constable has granted bail in criminal proceedings in connection with procee-
dings for such an offence;
(c) a magistrates’ court or a constable has granted bail in connection with extradition
proceedings.
(1) The court or the appropriate court in relation to the constable may, on application by the
prosecutor for the decision to be reconsidered—
(a) vary the conditions of bail,
(b) impose conditions in respect of bail which has been granted unconditionally, or
(c) withhold bail.”
(7) In section 7 (liability to arrest for absconding or breaking conditions of bail) after subsec-
tion (1) insert—
“(1A) Subsection (1B) applies if—
(a) a person has been released on bail in connection with extradition proceedings,
(b) the person is under a duty to surrender into the custody of a constable, and
(c) the person fails to surrender to custody at the time appointed for him to do so.
(1B) A magistrates’ court may issue a warrant for the person’s arrest.”
(8) In section 7(4) omit the words from“In reckoning” to “Sunday”.
(9) In section 7 after subsection (4) insert—
“(4A) A person who has been released on bail in connection with extradition proceedings and
is under a duty to surrender into the custody of a constable may be arrested without warrant by a
constable on any of the grounds set out in paragraphs (a) to (c) of subsection (3).
(4B) A person arrested in pursuance of subsection (4A) above shall be brought as soon as