Rules under section 144 of the M1Magistrates’ Courts Act 1980 may make provision as to the procedure for service under subsection (2) above in England and Wales and the High Court of Justiciary may, by Act of Adjournal, make rules as to such procedure in Scotland.

On receipt of any such request the Secretary of State F2or the Scottish minister may issue an authority to proceed unless it appears to him F11 or them that an order for the return of the person concerned could not lawfully be made, or would not in fact be made, in accordance with the provisions of this Act.

An authority to proceed shall specify the offence or offences under the law of the United Kingdom which it appears to the Secretary of State F2or the Scottish Ministers would be constituted by equivalent conduct in the United Kingdom.

In this section “warrant”, in the case of any foreign state, includes any judicial document authorising the arrest of a person accused of a crime.

Where an extradition request is made by facsimile transmission this Act (including subsection (2) above) shall have effect as if the foreign documents so sent were the originals used to make the transmission and receivable in evidence accordingly.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

A person empowered to issue warrants of arrest under this section may issue such a warrant if he is supplied with such evidence F16or, in a case falling within subsection (3A) below, information as would in his opinion justify the issue of a warrant for the arrest of a person accused or, as the case may be, convicted within his jurisdiction and it appears to him that the conduct alleged would constitute an extradition crime.

Where a provisional warrant is issued under this section, the authority by whom it is issued shall forthwith give notice to the Secretary of State F18or the Scottish Ministers, and transmit to him F19or them the information and evidence, or certified copies of the information and evidence, upon which it was issued; and the Secretary of State F18or the Scottish Minister may in any case, and shall if he decides F20 or they decide not to issue an authority to proceed in respect of the person to whom the warrant relates, by order cancel the warrant and, if that person has been arrested under it, discharge him from custody.

A warrant of arrest issued under this section may, without being backed, be executed in any part of the United Kingdom and may be so executed by any person to whom it is directed or by any constable.

Where a warrant is issued under this section for the arrest of a person accused of an offence of stealing or receiving stolen property in a designated Commonwealth country or a colony or any other offence committed in such a country or in a colony in respect of property, a justice of the peace in any part of the United Kingdom and in Scotland a sheriff shall have the like power to issue a warrant to search for the property as if the offence had been committed within his jurisdiction.

A person arrested in pursuance of a warrant under section 8 above shall (unless previously discharged under subsection (4) of that section) be brought as soon as practicable before a court (in this Act referred to as “the court of committal”) F21. . ..

For the purposes of proceedings under this section a court of committal in England and Wales F22shall consist of the Senior District Judge (Chief Magistrate) or another District Judge (Magistrates’ Courts) designated by him and shall have the like F23powers, as nearly as may be, including powers to adjourn the case and meanwhile to remand the person arrested under the warrant either in custody or on bail, as if the proceedings were the summary trial of an information against him; and section 16(1)(c) of the M2Prosecution of Offences Act 1985 (costs on dismissal) shall apply accordingly reading the reference to the dismissal of the information as a reference to the discharge of the person arrested.

If a court of committal in England and Wales exercises its power to adjourn the case it shall on so doing remand the person arrested in custody or on bail.

For the purposes of proceedings under this section a court of committal in Scotland F25shall consist of the sheriff of Lothian and Borders and shall have the like powers, including power to adjourn the case and meanwhile to remand the person arrested under the warrant either in custody or on bail, and the proceedings shall be conducted as nearly as may be in the like manner, as if the proceedings were summary proceedings in respect of an offence alleged to have been committed by that person; and the provisions of the M3Legal Aid (Scotland) Act 1986 relating to such proceedings or any appellate proceedings following thereon shall apply accordingly to that person.

Where the person arrested is in custody by virtue of a provisional warrant and no authority to proceed has been received in respect of him, the court of committal may fix a period (of which the court shall give notice to the Secretary of State F27or the Scottish Ministers) after which he will be discharged from custody unless such an authority has been received.

In exercising the power conferred by subsection (5) above in a case where the extradition request is made under general extradition arrangements the court shall have regard to any period specified for the purpose in the Order in Council relating to the arrangements.

In exercising the power conferred by subsection (5) above in a case where the extradition request is made by or on behalf of the Government of the Hong Kong Special Administrative Region the court shall not fix a period ending more than 60 days after the day of the person’s arrest, unless the exceptional circumstances of the case justify a longer period.

If the court commits a person under subsection (8) above, it shall issue a certificate of the offence against the law of the United Kingdom which would be constituted by his conduct.

If the court commits a person to custody in the exercise of that power, it may subsequently grant bail if it considers it appropriate to do so.

If the court of committal refuses to make an order in relation to a person under section 9 above in respect of the offence or, as the case may be, any of the offences to which the authority to proceed relates, the foreign state, Commonwealth country or colony seeking the surrender of that person to it may question the proceeding on the ground that it is wrong in law by applying to the court to state a case for the opinion of the High Court or, in Scotland, the High Court of Justiciary on the question of law involved.

If the state, country or colony seeking return immediately informs the court of committal that it intends to make such an application, the court shall make an order providing for the detention of the person to whom the authority to proceed relates, or directing that he shall not be released except on bail.

Where the court of committal fails to comply with an application under subsection (1) above within the period specified by Rules of Court, the High Court or, in Scotland, the High Court of Justiciary may, on the application of the state, country or colony that applied for the case to be stated, make an order requiring the court to state a case.

Where the court dismisses an appeal relating to an offence, it shall by order declare that that offence is not an offence in respect of which the Secretary of State F30 or the Scottish Ministers has power to make an order for return in respect of the person whose return was requested.

An order made by the sheriff of Lothian and Borders under subsection (2) above shall cease to have effect if the court dismisses the appeal in respect of the offence or all the offences to which it relates.

In relation to a decision of a court on an appeal under this section, section 1 of the M4Administration of Justice Act 1960 (right of appeal to House of Lords) shall have effect as if so much of subsection (2) as restricts the grant of leave to appeal were omitted.

The House of Lords may exercise any powers of the High Court under subsection (5) above and subsection (6) above shall apply to them as it applies to that Court.

Subject to subsections (7) and (8) above, an order under subsection (2) above shall have effect so long as the case is pending.

For the purposes of this section a case is pending (unless proceedings are discontinued) until (disregarding any power of a court to grant leave to take any step out of time) there is no step that the state, country or colony can take.

In the application of this section to Scotland subsections (9) and (10) above shall be omitted and in relation to an appeal under this section in Scotland the court may make an order providing for the detention of the person to whom it relates or it may grant bail; and F32section 177(2) and (3) of the Criminal Procedure (Scotland) Act 1995 shall apply for the purpose of such an appeal as it applies for the purpose of an appeal such as is mentioned in F32section 176 of that Act.

This section shall apply to the Hong Kong Special Administrative Region in the same way as it applies to any foreign state, Commonwealth country or colony.

Where a person is committed under section 9 above, the court shall inform him in ordinary language of his right to make an application for habeas corpus, and shall forthwith give notice of the committal to the Secretary of State F34 or the Scottish Ministers.

On any such application the court may receive additional evidence relevant to the exercise of its jurisdiction under section 6 above or subsection (3) above.

Proceedings on an application for habeas corpus shall be treated for the purposes of this section as pending (unless they are discontinued) until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal.

In the application of this section to Scotland references to an application for habeas corpus shall be construed as references to an application for review of the order of committal and references to the High Court shall be construed as references to the High Court of Justiciary.

Where a person is committed under section 9 above and is not discharged by order of the High Court or the High Court of Justiciary, the Secretary of State F35or the Scottish Ministers may by warrant order him to be returned unless his return is prohibited, or prohibited for the time being, by this Act, or the Secretary of State decides F35or the Scottish Ministers decide under this section to make no such order in his case.

In the application of this section to Scotland, the reference in subsection (3) above to an order being made for the charge to lie on the file shall be construed as a reference to the diet being deserted pro loco et tempore.

Notice of the issue of a warrant under this section for the return of a person to a Commonwealth country or colony shall forthwith be given to the person to be returned.

The Secretary of State F37or the Scottish Ministers shall give the person to whom an order under section 12(1) above for return to a foreign state F38or to the Hong Kong Special Administrative Region would relate notice in writing that he is contemplating making such an order.

The person to whom such an order would relate shall have a right to make representations, at any time before the expiration of the period of 15 days commencing with the date on which the notice is given, as to why he should not be returned to the foreign state, and unless he waives that right, no such order shall be made in relation to him before the end of that period.

A notice under subsection (1) above shall explain in ordinary language the right conferred by subsection (2) above.

It shall be the duty of the Secretary of State F37 or the Scottish Ministers to consider any representations made in the exercise of that right.

At any time within that period he may apply for leave to seek judicial review of the Secretary of State’s F37or the Scittish Ministers decision to make the order.

If he applies for judicial review, he may not be returned so long as the proceedings for judicial review are pending.

Proceedings for judicial review shall be treated for the purposes of this section as pending (unless they are discontinued) until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal.

A person may give notice that he waives the rights conferred on him by section 11 above.

A notice under this section shall be given in England and Wales in the manner prescribed by rules under section 144 of the M6Magistrates’ Courts Act 1980, and without prejudice to the generality of subsection (1) of that section, the power to make such rules shall include power to make provision for a magistrate to order the committal for return of a person with his consent at any time after his arrest.

A notice under this section shall be given in Scotland in the manner prescribed by the High Court of Justiciary by Act of Adjournal and the sheriff may order the committal for return of a person with his consent at any time after his arrest.

Where an order is made by virtue of this section, this Act shall cease to apply to the person in respect of whom it is made, except that, if he is not surrendered within one month after the order is made, the High Court or, in Scotland, the High Court of Justiciary, upon application by or on behalf of that person, may, unless reasonable cause is shown for the delay, order him to be discharged.

Where special extradition arrangements have been made in respect of a person, extradition procedures shall be available in the case of that person, as between the United Kingdom and the foreign state with which the arrangements have been made, subject to the limitations, restrictions, exceptions and qualifications, if any, contained in the arrangements.

If the Secretary of State issues a certificate of special extradition arrangements, it shall be conclusive evidence of all matters stated in it.

If a person committed under section 9 above is still in the United Kingdom after the expiration of the relevant period, he may apply to the High Court or the High Court of Justiciary for his discharge.

If he has instituted such proceedings, the relevant period is the period expiring one month after they end.

If upon an application under this section the court is satisfied that reasonable notice of the proposed application has been given to the Secretary of State, the court may, unless sufficient cause is shown to the contrary, by order direct the applicant to be discharged and, if a warrant for his return has been issued under section 12 above, quash that warrant.

Any person remanded or committed to custody under this Part of this Act shall be committed to the like institution as a person charged with an offence before the court of committal.

If any person who is in custody by virtue of a warrant under this Act escapes out of custody, he may be retaken in any part of the United Kingdom in like manner as a person escaping from custody under a warrant for his arrest issued in that part in respect of an offence committed in that part.

Where a person, being in custody in any part of the United Kingdom whether under this Part of this Act or otherwise, is required to be removed in custody under this Act to another part of the United Kingdom and is so removed by sea or by air, he shall be deemed to continue in legal custody until he reaches the place to which he is required to be removed.

A warrant for the return of any person shall be sufficient authority for all persons to whom it is directed and all constables to receive that person, keep him in custody and convey him into the jurisdiction to which he is to be returned.