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))
Commencement Information
I2Act 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))
(1)This section applies if a person is arrested under section 5.
(2)The following must occur within the required period—
(a)the person must be brought before the appropriate judge;
(b)the documents specified in subsection (4) must be produced to the judge.
(3)The required period is 48 hours starting with the time when the person is arrested.
(4)The documents are—
(a)a Part 1 warrant in respect of the person;
(b)a certificate under section 2 in respect of the warrant.
(5)A copy of the warrant must be given to the person as soon as practicable after his arrest.
(6)If subsection (2) is not complied with and the person applies to the judge to be discharged, the judge must order his discharge.
(7)If subsection (5) is not complied with and the person applies to the judge to be discharged, the judge may order his discharge.
(8)The person must be treated as continuing in legal custody until he is brought before the appropriate judge under subsection (2) or he is discharged under subsection (6) or (7).
(9)Subsection (10) applies if—
(a)a person is arrested under section 5 on the basis of a belief that a Part 1 warrant has been or will be issued in respect of him;
(b)the person is discharged under subsection (6) or (7).
(10)The person must not be arrested again under section 5 on the basis of a belief relating to the same Part 1 warrant.
Commencement Information
I3Act 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))