Part 2 Arrest and delivery of persons

Proceedings on request

4 Dealing with person arrested under provisional warrant

1

A person arrested under a provisional warrant shall be brought before a competent court as soon as is practicable.

2

If there is produced to the court a section 2 warrant in respect of that person, the court shall proceed as if he had been arrested under that warrant.

3

If no such warrant is produced, the court shall remand him pending the production of such a warrant.

4

Provision shall be made by Order in Council under paragraph 3 of Schedule 1 (power to make provision to give effect to Rules of Evidence and Procedure) specifying—

a

the period for which a person may be so remanded at any time, and

b

the total period for which a person may be so remanded,

having regard to the time limits specified in Rules of Evidence and Procedure for the purposes of article 92.3.

5

If at any time when the person is so remanded there is produced to the court a section 2 warrant in respect of him—

a

the court shall terminate the period of remand, and

b

he shall be treated as if arrested under that warrant—

i

if he was remanded in custody, at the time the warrant was produced to the court;

ii

if he was remanded on bail, when he surrenders to his bail.

6

If no such warrant is produced to the court before the end of the period of the remand (including any extension of that period), the court shall discharge him.

7

The fact that a person has been discharged under this section does not prevent his subsequent arrest under a section 2 warrant.