Extradition Act 1989

8 Arrest for purposes of committal. E+W+S+N.I.

(1) For the purposes of this Part of this Act a warrant for the arrest of a person may be issued—

(a) on receipt of an authority to proceed—

(i) by the [F1 Senior District Judge (Chief Magistrate) or another District Judge (Magistrates’ Courts) designated by him];

(ii) by the sheriff of Lothian and Borders;

(b) without such an authority—

F2 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) by a justice of the peace in any part of the United Kingdom; and

(iii) in Scotland, by a sheriff,

upon information that the said person is or is believed to be in or on his way to the United Kingdom;

and any warrant issued by virtue of paragraph (b) above is in this Act referred to as a “provisional warrant”.

F3 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A person empowered to issue warrants of arrest under this section may issue such a warrant if he is supplied with such evidence [F4 or, 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.

[F5 (3A) Where—

(a) the extradition request or, where a provisional warrant is applied for, the request for the person’s arrest is made by a foreign state; and

(b) an Order in Council falling within section 4(5) above is in force in relation to that state,

it shall be sufficient for the purposes of subsection (3) above to supply such information as would, in the opinion of the person so empowered, justify the issue of a warrant of arrest.]

(4) 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 [F6 or the Scottish Ministers], and transmit to him [F7 or them] the information and evidence, or certified copies of the information and evidence, upon which it was issued; and the Secretary of State [F6 or the Scottish Minister] may in any case, and shall if he decides [F8 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.

(5) 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.

(6) 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.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Words in s. 8(1)(a) substituted (31.8.2000) by 1999 c. 22, s. 78, Sch. 11 para. 32 (with s. 107, Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3

F2 S. 8(1)(b)(i) repealed (31.8.2000) by 1999 c. 22, s. 106, Sch. 15, Pt. V(3) (with s. 107, Sch. 14 paras. 7(2), 36(9)); S.I. 2000/1920, art. 3

F3 S. 8(2) repealed (31.8.2000) by 1999 c. 22, s. 106, Sch. 15, Pt. V(3) (with S. 107, Sch. 14 paras. 7(2), 36(9)); S.I. 2000/1920, art. 3

F4 Words in s. 8(3) inserted (3.11.1994) by 1994 c. 33, s. 158(4)(a).

F5 S. 8(3A) inserted (3.11.1994) by 1994 c. 33, s. 158(4)(b).

F6 Words in s.. 8(4) inserted (1.7.1999) by S.I. 1999/1750, art. 6(1), Sch. 5 para. 9(4)(a) (with art. 7); S.I. 1998/3178, art. 3

F7 Words in s. 8(4) inserted (1.7.1999) by S.I. 1999/1750, art. 6(1), Sch. 5 para. 9(4)(b) (with art. 7); S.I. 1998/3178, art. 3

F8 Words in s. 8(4) inserted (1.7.1999) by S.I. 1999/1750, art. 6(1), Sch. 5 para. 9(4)(b) (with art. 7); S.I. 1998/3178, art. 3

Modifications etc. (not altering text)

C1 S. 8 extended (British Antarctic Territory) (with modifications) (6.7.1992) by S.I. 1992/1300, art. 2, Sch.

S. 8 extended (16.8.2002) (with modifications) by The Extradition (Overseas Territories) Order 2002 (S.I. 2002/1823), art. 2, Schs. 1-4 (as amended (16.8.2002) by S.I. 2002/1825, art. 2, Sch. 2)

C2 S. 8(4) transfer of functions (1.7.1999) by S.I. 1999/1750, art. 2 Sch. 1 (with art. 7); S.I. 1998/3178, art. 3