ArrestU.K.
3Arrest under certified Part 1 warrantU.K.
(1)This section applies if a certificate is issued under section 2 in respect of a Part 1 warrant issued in respect of a person.
(2)The warrant may be executed by a constable or a customs officer in any part of the United Kingdom.
[(3)The warrant may be executed by a service policeman anywhere, but only if the person is subject to service law or is a civilian subject to service discipline.]
(5)The warrant may be executed even if neither the warrant nor a copy of it is in the possession of the person executing it at the time of the arrest.
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Commencement Information
4Person arrested under Part 1 warrantU.K.
(1)This section applies if a person is arrested under a Part 1 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)If subsection (2) is not complied with and the person applies to the judge to be discharged, the judge may order his discharge.
(5)If subsection (3) is not complied with and the person applies to the judge to be discharged, the judge must order his discharge.
(6)A person arrested under the warrant must be treated as continuing in legal custody until he is brought before the appropriate judge under subsection (3) or he is discharged under subsection (4) or (5).
5Provisional arrestU.K.
(1)A constable, a customs officer or a service policeman may arrest a person without a warrant if he has reasonable grounds for believing—
(a)that a Part 1 warrant has been or will be issued in respect of the person by an authority of a category 1 territory, and
(b)that the authority has the function of issuing arrest warrants in the category 1 territory.
(2)A constable or a customs officer may arrest a person under subsection (1) in any part of the United Kingdom.
[(3)A service policeman may arrest a person under subsection (1) only if the person is subject to service law or is a civilian subject to service discipline.
(4)If a service policeman has power to arrest a person under subsection (1) he may exercise the power anywhere.]
Textual Amendments
Commencement Information
6Person arrested under section 5U.K.
(1)This section applies if a person is arrested under section 5.
(2)The following must occur within the required period—
(a)the person must be brought before the appropriate judge;
(b)the documents specified in subsection (4) must be produced to the judge.
(3)The required period is 48 hours starting with the time when the person is arrested.
(4)The documents are—
(a)a Part 1 warrant in respect of the person;
(b)a certificate under section 2 in respect of the warrant.
(5)A copy of the warrant must be given to the person as soon as practicable after his arrest.
(6)If subsection (2) is not complied with and the person applies to the judge to be discharged, the judge must order his discharge.
(7)If subsection (5) is not complied with and the person applies to the judge to be discharged, the judge may order his discharge.
(8)The person must be treated as continuing in legal custody until he is brought before the appropriate judge under subsection (2) or he is discharged under subsection (6) or (7).
(9)Subsection (10) applies if—
(a)a person is arrested under section 5 on the basis of a belief that a Part 1 warrant has been or will be issued in respect of him;
(b)the person is discharged under subsection (6) or (7).
(10)The person must not be arrested again under section 5 on the basis of a belief relating to the same Part 1 warrant.