HM Advocate on Behalf of the Slovak Republic v Havrilova [2011] ScotHC HCJAC_113 (18 November 2011)

HM Advocate on Behalf of the Slovak Republic v Havrilova [2011] ScotHC HCJAC_113 (18 November 2011)

Section 147(1) of the Criminal Procedure (Scotland) Act 1995 does not apply to extradition proceedings under the Extradition Act 2003 because extradition is not a summary prosecution, there is no complaint or trial as defined in the Act, and the 2003 Act provides its own procedural framework and bail provisions. Section 9(2) of the 2003 Act confers procedural powers, not substantive rights such as the 40-day custody limit.

Citation
[2011] ScotHC HCJAC_113
Parties
Complainer, Respondent: Her Majesty's Advocate on behalf of the Slovak Republic; Complainer, Appellant, Respondent: Renata Havrilova
Jurisdiction
Scotland
Judgment Date
18 November 2011
Procedural Posture
Bills of Advocation and Appeal Under Section 147(3) of the Criminal Procedure (scotland) Act 1995 / Appeal From Sheriff Decision in Extradition Proceedings
Outcome
Lord Advocate's Bill of Advocation allowed; respondent's Bill of Advocation and appeal dismissed.
Legal Topics
Extradition Proceedings, Application of Summary Procedure Time Limits, Interpretation of Statutory Powers, Bail in Extradition Cases
Criminal Law Extradition Law Procedural Law Extradition Proceedings Application of Summary Procedure Time Limits Interpretation of Statutory Powers Bail in Extradition Cases

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Parties

Her Majesty's Advocate on behalf of the Slovak Republic

Complainer, Respondent

Renata Havrilova

Complainer, Appellant, Respondent

Procedural Posture

Bills of Advocation and Appeal Under Section 147(3) of the Criminal Procedure (scotland) Act 1995 / Appeal From Sheriff Decision in Extradition Proceedings

Legal Issues

  1. 1 Does section 147(1) of the Criminal Procedure (Scotland) Act 1995 apply to extradition proceedings under the Extradition Act 2003?
  2. 2 Does section 9(2) of the Extradition Act 2003 import the 40-day custody time limit from summary proceedings into extradition cases?

Ratio Decidendi

Section 147(1) of the Criminal Procedure (Scotland) Act 1995 does not apply to extradition proceedings under the Extradition Act 2003 because extradition is not a summary prosecution, there is no complaint or trial as defined in the Act, and the 2003 Act provides its own procedural framework and bail provisions. Section 9(2) of the 2003 Act confers procedural powers, not substantive rights such as the 40-day custody limit.

Court Disposition

Lord Advocate's Bill of Advocation allowed; respondent's Bill of Advocation and appeal dismissed.

Orders

  • Complaint at instance of the Lord Advocate on behalf of the Slovak Republic remitted to the Sheriff to proceed as accords.