Clause 4 - Person arrested under Part 1 warrant

Part of Extradition Bill – in a Public Bill Committee at 3:45 pm on 9 January 2003.

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Photo of Alistair Carmichael Alistair Carmichael Shadow Spokesperson (Energy and Climate Change), Liberal Democrat Spokesperson (Energy and Climate Change) 3:45, 9 January 2003

It falls to me again to make the picky Scottish point. A judge of the High Court is a very different thing in Scotland than he or she is south of the border. The High Court of Justiciary, as it is properly known, is usually referred to in criminal legislation as a court of criminal jurisdiction, whereas I am told that a High Court judge in England and Wales

is a civil court judge. In any event, my recollection from Second Reading, although I cannot lay my hands on the exact section, is that the hearings in Scotland are to be held before the sheriff of Lothian and Borders sitting in Edinburgh, who is not a judge of the High Court or indeed the High Court of Justiciary. The matters are complex, but I doubt it is necessary to take the time of one of the judges of the High Court of Justiciary of which there are only 22 or 23 in Scotland. While I appreciate the point made by the hon. Member for Surrey Heath point, I do not think it is helpful if these provisions are to be laid, as indeed they must be laid, as a piece of United Kingdom legislation.