Extradition Act 2003

5Provisional arrestU.K.

This section has no associated Explanatory Notes

(1)A constable, a customs officer or a service policeman may arrest a person without a warrant if he has reasonable grounds for believing—

(a)that a Part 1 warrant has been or will be issued in respect of the person by an authority of a category 1 territory, and

(b)that the authority has the function of issuing arrest warrants in the category 1 territory.

(2)A constable or a customs officer may arrest a person under subsection (1) in any part of the United Kingdom.

(3)A service policeman may arrest a person under subsection (1) only if the service policeman would have power to arrest the person under the appropriate service law if the person had committed an offence under that law.

(4)If a service policeman has power to arrest a person under subsection (1), the service policeman may exercise the power in any place where he would have power to arrest the person for an offence under the appropriate service law if the person had committed an offence under that law.

(5)The appropriate service law is—

(a)the Army Act 1955 (3 & 4 Eliz. 2 c. 18), if the person to be arrested is subject to military law;

(b)the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), if that person is subject to air-force law;

(c)the Naval Discipline Act 1957 (c. 53), if that person is subject to that Act.

Commencement Information

I1Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))