Provisional warrants.
4
1
A justice of the peace in the United Kingdom, on the application of a constable who states on oath—
a
that he has reason to believe that a warrant has been issued by a judicial authority in the Republic for the arrest of a person accused or convicted of an indictable offence against the laws of the Republic, but that the warrant is not yet in his possession; and
b
that he has received a request made on grounds of urgency by a member of the police force of the Republic holding the rank of inspector or above for the issue in the United Kingdom of a warrant for the arrest of that person; and
c
that he has reason to believe that person to be within the area for which the justice acts or on his way to the United Kingdom;
may issue a warrant in the prescribed form (in this section referred to as a provisional warrant) for the arrest of that person:
Provided that where the warrant issued in the Republic was for the arrest of a convicted person, a provisional warrant shall not be issued unless the applicant states on oath that he has reason to believe the requirements of section 1(3) of this Act to be satisfied.
2
A provisional warrant issued in any part of the United Kingdom shall be treated for the purposes of any enactment or rule of law relating to warrants of arrest as if it were a warrant for the arrest of a person charged with an offence committed in that part, but the warrant shall not be authority for the making of an arrest more than seven days after the date of its issue.
3
So soon as is practicable after a person is arrested under a provisional warrant he shall be brought before a magistrates’ court, and—
a
if there is produced to the court the warrant issued in respect of him in the Republic, endorsed in accordance with section 1 of this Act, the court shall proceed as if he had been arrested under that warrant;
b
in any other case the court may remand him for not more than seven days.
4
Where at any time there is produced to a constable having custody of a person remanded under this section the warrant issued in respect of that person in the Republic, endorsed in accordance with section 1 of this Act, the period of the remand shall determine, and he shall thereafter be treated as if arrested at that time under that warrant.
5
If the period of a remand under this section is not determined under subsection (4) thereof the person remanded shall be discharged at the end of the period.
6
As respects Scotland subsections (4) and (5) of this section shall not apply, but if a warrant issued and endorsed as aforesaid in respect of a person remanded under this section is not produced within the period of the remand to the court which remanded him, he shall be discharged.
Act repealed (1.1.2004) by Extradition Act 2003 (c. 41), ss. 218(a), 220, 221, Sch. 4; S.I. 2003/3103, art. 2 (subject to savings in arts. 3-5 for extraditions made on or before 31.12.2003) (as amended by S.I. 2003/3312, art. 2 and S.I. 2003/3258, art. 2); and which Act in so far as it is still in force is amended (1.9.2004 for specified purposes and 1.4.2005 otherwise) by Courts Act 2003 (c. 39), s. 109(1), Sch. 8 paras. 119-123; S.I. 2004/2066, art. 2 (subject to art. 3); S.I. 2005/910, art. 3; and further amended (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 40(4), Sch. 9 para. 14; S.I. 2009/1604, art. 2; and further amended (18.6.2012 for specified purposes, 5.11.2012 for specified purposes and 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), ss. 41, 336(3)(4), Sch. 3 para. 41, Sch. 37 Pt. 4; S.I. 2012/1320, art. 4 (with art. 5); S.I. 2012/2574, art. 2, Sch. (with arts. 3, 4) (as amended by S.I. 2012/2761, art. 2); S.I. 2013/1103, art. 2 (with arts. 3, 4)
Words in s. 4(1)(c) inserted (19.12.1994) by 1994 c. 33, s. 159(4)(a); S.I. 1994/2935, art.2.
Words in s. 4(2) substituted (19.12.1994) by 1994 c. 33, s. 159(4)(b); S.I. 1994/2935, art.2.
Words in s. 4(3)(b) substituted (19.12.1994) by 1994 c. 33, s. 159(4)(c); S.I. 1994/2935, art.2.