Part 2

Extradition to category 2 territories

Provisional arrest without warrant

Person provisionally arrested under section 74A: next steps
74E
1
If the appropriate judge is required by section 74D(3) to proceed under this section, the judge must—
a
inform the person that they are accused of the commission of an offence in a category 2 territory or are alleged to be unlawfully at large after conviction of an offence by a court in a category 2 territory,
b
give the person the required information about consent, and
c
remand the person in custody or on bail.
2
The required information about consent is—
a
that the person may consent to extradition to the category 2 territory in which the person 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 the person gives consent;
c
that consent must be given in writing and is irrevocable.
3
If the person is remanded in custody, the appropriate judge may later grant bail.
4
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 as defined by section 74(11).
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))
Ss. 74A-74E and cross-heading inserted (31.12.2020) by Extradition (Provisional Arrest) Act 2020 (c. 18), s. 2(4), Sch. para. 2 (with Sch. para. 6); S.I. 2020/1652, reg. 2(1)(b)