Part 2

Extradition to category 2 territories

Arrest

Person arrested under provisional warrant
74
1
This section applies if a person is arrested under a provisional warrant.
2
A copy of the warrant must be given to the person as soon as practicable after his arrest.
3
The person must be brought as soon as practicable before the appropriate judge.
4
But subsection (3) does not apply if—
a
the person is granted bail by a constable following his arrest, or
b
in a case where the Secretary of State has received a valid request for the person’s extradition, the Secretary of State decides under section 126 that the request is not to be proceeded with.
5
If subsection (2) is not complied with and the person applies to the judge to be discharged, the judge may order his discharge.
6
If subsection (3) is not complied with and the person applies to the judge to be discharged, the judge must order his discharge.
7
When the person first appears or is brought before the appropriate judge, the judge must—
a
inform him that he is accused of the commission of an offence in a category 2 territory or that he is alleged to be unlawfully at large after conviction of an offence by a court in a category 2 territory;
b
give him the required information about consent;
c
remand him in custody or on bail.
8
The required information about consent is—
a
that the person may consent to his extradition to the category 2 territory in which he is accused of the commission of an offence or is alleged to have been convicted of an offence;
b
an explanation of the effect of consent and the procedure that will apply if he gives consent;
c
that consent must be given in writing and is irrevocable.
9
If the person is remanded in custody, the appropriate judge may later grant bail.
10
The judge must order the person’s discharge if the documents referred to in section 70(9) are not received by the judge within the required period.
11
The required period is—
a
45 days starting with the day on which the person was arrested, or
b
if the category 2 territory is designated by order made by the Secretary of State for the purposes of this section, any longer period permitted by the order.
12
Subsection (4)(a) applies to Scotland with the omission of the words “by a constable”.
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))
Words in s. 74(9) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 16; S.I. 2006/3364, art. 2(d)(e)
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))
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))