The Criminal Procedure (Amendment) Rules 2021

Amendments to the Criminal Procedure Rules

29.  In Part 50 (Extradition)—

(a) in rule 50.1 (When this Part applies), from the second paragraph of the note to the rule omit “including a Member State of the European Union”;

(b) in rule 50.3 (Exercise of magistrates’ court’s powers), in paragraph (4)—

(i) in sub-paragraph (b)(iii), after “arrest” insert “with a warrant”,

(ii) renumber sub-paragraphs (b)(iv) to (viii) as (b)(v) to (ix) respectively, and

(iii) after sub-paragraph (b)(iii) insert—

“(iv) following a provisional arrest without a warrant under Part 2 of the Act, pending receipt of evidence or information required by the court,”;

(c) in rule 50.11 (Preliminary hearing after provisional arrest)—

(i) for paragraph (1) substitute—

“(1) This rule applies where a defendant is first brought before the court after arrest—

(a) under a provisional arrest warrant to which rule 50.10 applies; or

(b) under section 74A of the Extradition Act 2003(1), without a warrant.”,

(ii) renumber paragraph (2) as paragraph (3),

(iii) after paragraph (1) insert—

“(2) Where paragraph (1)(b) applies the court must first—

(a) on the basis of such evidence or information as is produced to the court, decide whether a warrant to which rule 50.10 applies would be issued if the defendant were not already under arrest; and

(b) if no such warrant would be issued, order the defendant’s discharge.”,

(iv) for paragraph (3) as thus renumbered substitute—

“(3) Unless the court orders the defendant’s discharge under paragraph (2), the court must—

(a) explain, in terms the defendant can understand (with help, if necessary)—

(i) the allegation in respect of which the defendant has been arrested, and

(ii) that the defendant may consent to extradition, and how that may be done and with what effect; and

(b) consider any ancillary application, including an application about bail pending receipt of the extradition request.”, and

(v) in the note to the rule, for “See section 74 of the Extradition Act 2003(2)” substitute “See sections 74, 74A, 74B, 74C, 74D and 74E of the Extradition Act 2003(3)”;

(d) in rule 50.12 (Arrangement of extradition hearing after provisional arrest), for paragraph (1)(a) substitute—

“(a) a request for extradition in respect of which a defendant has been arrested—

(i) under a provisional arrest warrant to which rule 50.10 applies, or

(ii) under section 74A of the Extradition Act 2003, without a warrant;”;

(e) in rule 50.16 (Defendant’s application to be discharged)—

(i) at the end of paragraph (1)(a)(ii) omit “or”,

(ii) after paragraph (1)(a)(iii) insert—

“(iv) to give the defendant a copy of any certificate enabling provisional arrest without a warrant under section 74A of the 2003 Act as soon as practicable after arrest, or

(v) to bring the defendant before the court as soon as practicable after arrest under that section;”,

(iii) renumber paragraphs (1)(b) and (c) as (1)(d) and (e) respectively,

(iv) after paragraph (1)(a) insert—

“(b) because of a defect in a certificate enabling arrest without a warrant under section 74A of the 2003 Act;

(c) because there were no reasonable grounds on which there could have been issued a certificate enabling arrest without a warrant under section 74A of the 2003 Act;”,

(v) in paragraph (2)(a)(ii), for “(1)(b)(v)” substitute “(1)(d)(v)”, and

(vi) in the note to the rule, after “74(5), (6) & (10),” insert “74D(10),”; and

(f) in the table of contents, for the heading “Discharge after failure to comply with a time limit” substitute “Discharge after failure to comply with a time limit, etc.”.

(1)

2003 c. 41; section 74A was inserted by paragraphs 1 and 2 of the Schedule to the Extradition (Provisional Arrest) Act 2020 (c. 18).

(2)

2003 c. 41; section 74 was amended by paragraph 16 of Schedule 13 to the Police and Justice Act 2006 (c. 48).

(3)

2003 c. 41; sections 74B, 74C, 74D and 74E were inserted by paragraphs 1 and 2 of the Schedule to the Extradition (Provisional Arrest) Act 2020 (c. 18).