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Extradition Act 2003

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Changes over time for: Cross Heading: Arrest

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Version Superseded: 25/01/2010

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Status:

Point in time view as at 28/03/2009.

Changes to legislation:

There are currently no known outstanding effects for the Extradition Act 2003, Cross Heading: Arrest. Help about Changes to Legislation

ArrestU.K.

Commencement Information

I1Act 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))

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.

[F1(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.]

F1(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)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1S. 3(3) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) for s. 3(3)(4) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 200(a); S.I. 2009/812, art. 3 (with transitional provisions (24.4.2009 for certain purposes otherwise 31.10.2009) in S.I. 2009/1059); S.I. 2009/1167, art. 4

F2S. 3(6) repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 200(b), Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions (24.4.2009 for certain purposes otherwise 31.10.2009) in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I2Act 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))

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).

Commencement Information

I3Act 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))

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.

[F3(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.F3]

Textual Amendments

F3S. 5(3)(4) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) for s. 5(3)-(5) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 201; S.I. 2009/812, art. 3 (with transitional provisions (24.4.2009 for certain purposes otherwise 31.10.2009) in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I4Act 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))

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.

Commencement Information

I5Act 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))

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