50.10.—(1) This rule applies where a presenting officer wants a justice of the peace to issue a provisional arrest warrant under Part 2 of the Extradition Act 2003, pending receipt of an extradition request.
(2) The presenting officer must—
(a)serve an application for a warrant on the court officer; and
(b)verify that application on oath or affirmation.
(3) In the following sequence, the justice must decide—
(a)whether the alleged offence is an extradition offence; and
(b)whether there is sufficient evidence, or (where the Secretary of State has so ordered, for this purpose) information, to justify the issue of a warrant of arrest.
[Note. See sections 73, 137 and 138 of the Extradition Act 2003(1).]
Commencement Information
I1Rule 50.10 in force at 5.10.2020, see Preamble
2003 c. 41; section 73 was amended by paragraph 203 of Schedule 16 to the Armed Forces Act 2006 (c. 52). Section 137 was amended by sections 164 and 181 of, and paragraph 117 of Schedule 11 to, the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12). Section 138 was amended by sections 164 and 181 of, and paragraph 118 of Schedule 11 to, the 2014 Act.