Explanatory Notes

Extradition Act 2003

2003 CHAPTER 41

20th November 2003

Territorial Application: Wales

Part 2 .Extradition to Category 2 Territories

Section 76: Date of extradition hearing: arrest under provisional warrant

229.This section applies where the person has been provisionally arrested and the documents in section 70(9) have been received by the judge within the required period (subsection (1)). Subsections (2) and (3) require the judge to fix a date for the extradition hearing. The date must be within 2 months of the date on which the judge receives the documents. Where it would be in the interests of justice, a later hearing date may be fixed (subsection (4)). Subsection (5) requires the person to be discharged if the extradition hearing does not begin by the date fixed and the person applies to the judge.