Section 74: Person arrested under provisional warrant
224.A person who has been arrested under a provisional warrant must be given a copy of the relevant warrant as soon as practicable after the arrest (subsections (1) and (2)). If this requirement is not met and the person applies to the judge, the judge may order the person's discharge (subsection (5)).
225.Under subsection (3) he must also be brought before the appropriate judge as soon as practicable. However, subsection (4) states that this does not apply if the person was granted police bail following the arrest or if the Secretary of State has decided that the request is not to go any further because a competing request is to take priority (see section 124). Subsection (4)(a) applies to Scotland without reference to bail being granted by a constable, as the police in Scotland cannot grant bail (subsection (12)). If the person is not brought before the judge as soon as practicable, and he applies to the judge, the judge must order his discharge (subsection (6)).
226.Subsections (7) to (9) require the judge to inform the person either that he is accused of an offence in the relevant territory or that he is alleged to be unlawfully at large after conviction. The judge must also give the person the required information about consent and remand him in custody or on bail. If the person is remanded in custody he may subsequently be granted bail. The required information about consent is:
that the person may consent to his extradition;
an explanation of the effect of consent and procedures that will apply (see section 127);
that consent must be given in writing and is irrevocable.
227.If a certified extradition request and supporting documents are not received by the judge within the required period the person's discharge must be ordered. This period is 45 days from the date of arrest or any longer period permitted by order made by the Secretary of State for a designated category 2 territory (subsections (10) and (11)). This longer period takes account of the different time periods specified in particular bilateral extradition treaties. This prevents the individual treaties from having to be renegotiated.
