The Criminal Procedure Rules 2020

Preliminary hearing after arrest E+W

50.5.—(1) This rule applies where the defendant is first brought before the court after—

(a) arrest under a warrant to which Part 1 of the Extradition Act 2003 applies; or

(b) provisional arrest under Part 1 of the Act.

(2) The presenting officer must—

(a) serve on the court officer—

(i) the arrest warrant, and

(ii) a certificate, given by the authority designated by the Secretary of State, that the warrant was issued by an authority having the function of issuing such warrants in the territory to which the defendant’s extradition is sought; or

(b) apply at once for an extension of time within which to serve that warrant and that certificate.

(3) An application under paragraph (2)(b) must—

(a) explain why the requirement to serve the warrant and certificate at once could not reasonably be complied with; and

(b) include—

(i) any written material in support of that explanation, and

(ii) representations about bail pending service of those documents.

(4) When the presenting officer serves the warrant and certificate, in the following sequence the court must—

(a) decide whether the defendant is the person in respect of whom the warrant was issued;

(b) explain, in terms the defendant can understand (with help, if necessary)—

(i) the allegation made in the warrant, and

(ii) that the defendant may consent to extradition, and how that may be done and with what effect;

(c) give directions for an extradition hearing to begin—

(i) no more than 21 days after the defendant’s arrest, or

(ii) if either party so applies, at such a later date as the court decides is in the interests of justice;

(d) consider any ancillary application, including an application about bail pending the extradition hearing; and

(e) give such directions as are required for the preparation and conduct of the extradition hearing.

[Note. See sections 4, 6, 7 and 8 of the Extradition Act 2003(1).

Under section 6 of the Act, following a provisional arrest pending receipt of a warrant the defendant must be brought before the court within 48 hours, and the warrant and certificate must be served within that same period. If they are not so served, the court may extend the time for service by a further 48 hours.

Under section 45 of the Act(2), a defendant’s consent to extradition must be given before the court, must be recorded in writing, and is irrevocable. Consent may not be given unless the defendant has a legal representative with him or her when giving consent, or the defendant has failed or refused to apply for legal aid, or legal aid has been refused or withdrawn.

Part 14 contains rules about bail.]

Commencement Information

I1 Rule 50.5 in force at 5.10.2020, see Preamble

(1)

2003 c. 41; section 6 was amended by section 77 of the Policing and Crime Act 2009 (c. 26). Section 7 was amended by paragraph 16 of Schedule 13 to the Police and Justice Act 2006 (c. 48) and section 77 of the Policing and Crime Act 2009 (c. 26). Section 8 was amended by paragraph 16 of Schedule 13 to the Police and Justice Act 2006 (c. 48) and section 155 of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12).

(2)

2003 c. 41; section 45 was amended by paragraphs 62 and 63 of Schedule 5 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) and section 163 of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12).