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The European Convention on Extradition Order 2001

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ARTICLE 16PROVISIONAL ARREST

1.  In case of urgency, the competent authorities of the requesting Parties may request the provisional arrest of the person sought. The competent authorities of the requested Party shall decide the matter in accordance with its law.

2.  The request for provisional arrest shall state that one of the documents mentioned in Article 12, paragraph 2(a), exists and that it is intended to send a request for extradition. It shall also state for what offence extradition will be requested and when and where such offence was committed and shall so far as possible give a description of the person sought.

3.  A request for provisional arrest shall be sent to the competent authorities of the requested Party either through the diplomatic channel or direct by post or telegraph or through the International Criminal Police Organisation (Interpol) or by any other means affording evidence in writing or accepted by the requested Party. The requesting authority shall be informed without delay of the result of its request.

4.  Provisional arrest may be terminated if, within a period of 18 days after arrest, the requested Party has not received the request for extradition and the documents mentioned in Article 12. It shall not, in any event, exceed 40 days from the date of such arrest. The possibility of provisional release at any time is not excluded, but the requested Party shall take any measures which it considers necessary to prevent the escape of the person sought.

5.  Release shall not prejudice re-arrest and extradition if a request for extradition is received subsequently.

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