This section applies if a person in respect of whom a Part 1 warrant is issued appears or is brought before the appropriate judge for the extradition hearing.

The judge must decide whether the offence specified in the Part 1 warrant is an extradition offence.

If the judge decides the question in subsection (2) in the negative he must order the person’s discharge.

If the judge decides that question in the affirmative he must proceed under section 11.