Part 1

Extradition to category 1 territories

The initial hearing

Identity of person arrested
7
1
This section applies if—
a
a person arrested under a Part 1 warrant is brought before the appropriate judge under section 4(3), or
b
a person is arrested under section 5 and section 6(2) is complied with in relation to him.
2
The judge must decide whether the person brought before him is the person in respect of whom—
a
the warrant referred to in subsection (1)(a) was issued, or
b
the warrant referred to in section 6(4) was issued.
3
The judge must decide the question in subsection (2) on a balance of probabilities.
4
If the judge decides the question in subsection (2) in the negative he must order the person’s discharge.
5
If the judge decides that question in the affirmative he must proceed under section 8.
6
In England and Wales, the judge has the same powers (as nearly as may be) as a magistrates' court would have if the proceedings were the summary trial of an information against the person.
7
In Scotland—
a
the judge has the same powers (as nearly as may be) as if the proceedings were summary proceedings in respect of an offence alleged to have been committed by the person; but
b
in his making any decision under subsection (2) evidence from a single source shall be sufficient.
8
In Northern Ireland, the judge has the same powers (as nearly as may be) as a magistrates' court would have if the proceedings were the hearing and determination of a complaint against the person.
9
If the judge exercises his power to adjourn the proceedings he must remand the person in custody or on bail.
10
If the judge remands the person in custody he may later grant bail.