The Criminal Procedure Rules 2020

Application for warrant under section 160 of the Extradition Act 2003

47.33.—(1) This rule applies where an applicant wants a Circuit judge to issue a warrant or warrants under section 160 of the Extradition Act 2003(1).

(2) As well as complying with rule 47.26, the application must—

(a) identify the person whose extradition is sought (and see paragraph (3));

(b) specify the extradition offence of which that person is accused;

(c) specify the material, or description of material, sought (and see paragraph (4)); and

(d) specify the premises to be searched (and see paragraph (5)).

(3) In relation to the person whose extradition is sought, the application must explain the grounds for believing that—

(a) that person has committed the offence for which extradition is sought;

(b) that offence is an extradition offence; and

(c) that person is in the United Kingdom or is on the way to the United Kingdom.

(4) In relation to the material sought, the application must explain the grounds for believing that—

(a) the material consists of or includes special procedure or excluded material; and

(b) the material would be likely to be admissible evidence at a trial in England and Wales for the offence for which extradition is sought.

(5) In relation to the premises which the applicant wants to search, the application must explain the grounds for believing that—

(a) material sought is on those premises; and

(b) one or more of the following conditions is satisfied, namely—

(i) it is not practicable to communicate with any person entitled to grant entry to the premises,

(ii) it is practicable to communicate with such a person but it is not practicable to communicate with any person entitled to grant access to the material sought, or

(iii) the material contains information which is subject to a restriction on disclosure or an obligation of secrecy contained in an enactment and is likely to be disclosed in breach of the restriction or obligation if a warrant is not issued.

(6) In relation to any set of premises which the applicant wants to be searched by the officers executing the warrant with other persons authorised by the court, the application must—

(a) identify those other persons, by function or description; and

(b) explain why those persons are required.

[Note. Under section 160 of the Extradition Act 2003, where a person’s extradition is sought a constable may apply to a Circuit judge for a warrant authorising a search for special procedure material or excluded material on specified premises, on the conditions listed in that section.

Under section 16(3) of the 1984 Act, entry and search under a warrant must be within 3 months from the date of its issue.

See also the code of practice for the search of premises issued under section 66 of the 1984 Act.]

(1)

2003 c. 41; section 160 was amended by section 174 of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12).