Extradition - Breach of Bail in Export Extradition Cases

Legal Guidance, International and organised crime

1.3 Breach of Bail in Export Extradition Cases

Export extradition is dealt with exclusively at Westminster Magistrates' Court by the Extradition Unit within Special Crime and Counter Terrorism (group email scd.extradition@cps.gov.uk).

However, where a person is brought to another court for a breach of bail there is jurisdiction to deal with the breach in the usual way. Please deal with the case and notify the extradition unit of the outcome at the above email address.

Persons refused bail at the Magistrates' Court may apply for bail to a High Court Judge sitting in chambers: Criminal Justice Act 167, s. 22(1A). The procedures set out in RSC Order 79.9 must be followed.

The right to appeal against the granting of bail is also available. Amendments made to the Bail Amendment Act 1993 allowed appeal to the Crown Court but were in turn amended by the Police and Justice Act 2006 schedule 13 paragraphs 27 and 28 to make the venue for appeal the High Court. This is a relatively complex procedure. Please contact the Extradition Unit before deciding whether to appeal bail.

For Bail: England and Wales, see Extradition Act 2003 section 198

For Appeal against Grant of bail, see Extradition Act 2003 section 200

Further reading