Part 5Miscellaneous and general
I2Evidence
F1204I1Warrant issued by category 1 territory: transmission by other electronic means
1
This section applies if—
a
an arrest warrant is issued by an authority of a category 1 territory in a case in which an article 26 alert is issued,
b
the information contained in the warrant and the alert are transmitted to the designated authority by electronic means, and
c
that information is received by the designated authority in F3a form in which it is intelligible and which is capable of being used for subsequent reference.
2
This section also applies if—
a
an arrest warrant is issued by an authority of a category 1 territory in a case in which no article 26 alert is issued,
b
the information contained in the warrant is transmitted to the designated authority by electronic means, and
c
that information is received by the designated authority in F2a form in which it is intelligible and which is capable of being used for subsequent reference.
3
The reference in section 2(2) to an arrest warrant issued by a judicial authority of a category 1 territory is to be read as if it were a reference to the information received by the designated authority.
4
The references in section 63(1) to an arrest warrant are to be read as if they were references to the information received by the designated authority.
5
For the purposes of F7subsection (1) —
a
a reference to the information contained in the article 26 alert includes a reference to any information sent with that information relating to the case in question.
F6b
information contained in the warrant is treated as being received by the designated authority in a form in which it is intelligible if the authority receives—
i
a summary of that information in English, and
ii
the text of the warrant itself,
in a form in which it is legible.
6
For the purposes of this section—
a
an article 26 alert is an alert issued pursuant to article 26 of the Council Decision on the establishment, operation and use of the second generation Schengen Information System of 12 June 2007,F4and
b
references to information being transmitted by electronic means do not include facsimile transmission, F5 ...
F5 c
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Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))