Extradition Act 2003

73 Provisional warrant U.K.

(1) This section applies if a justice of the peace is satisfied on information in writing and on oath that a person within subsection (2)—

(a) is or is believed to be in the United Kingdom, or

(b) is or is believed to be on his way to the United Kingdom.

(2) A person is within this subsection if—

(a) he is accused in a category 2 territory of the commission of an offence, or

(b) he is alleged to be unlawfully at large after conviction of an offence by a court in a category 2 territory.

(3) The justice may issue a warrant for the arrest of the person (a provisional warrant) if he has reasonable grounds for believing that—

(a) the offence of which the person is accused or has been convicted is an extradition offence, and

(b) there is written evidence falling within subsection (4).

(4) The evidence is—

(a) evidence that would justify the issue of a warrant for the arrest of a person accused of the offence within the justice’s jurisdiction, if the person in respect of whom the warrant is sought is accused of the commission of the offence;

(b) evidence that would justify the issue of a warrant for the arrest of a person unlawfully at large after conviction of the offence within the justice’s jurisdiction, if the person in respect of whom the warrant is sought is alleged to be unlawfully at large after conviction of the offence.

(5) But if the category 2 territory is designated for the purposes of this section by order made by the Secretary of State, subsections (3) and (4) have effect as if “evidence” read “ information ”.

(6) A provisional warrant may—

(a) be executed by any person to whom it is directed or by any constable or customs officer;

(b) be executed even if neither the warrant nor a copy of it is in the possession of the person executing it at the time of the arrest.

(7) If a warrant issued under this section in respect of a person is directed to a service policeman, it may be executed in any place where 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.

(8) In any other case, a warrant issued under this section may be executed in any part of the United Kingdom.

(9) The appropriate service law is—

(a) the Army Act 1955 (3 & 4 Eliz. 2 c. 18), if the person in respect of whom the warrant is issued 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.

(10) The preceding provisions of this section apply to Scotland with these modifications—

(a) in subsection (1) for “justice of the peace is satisfied on information in writing and on oath” substitute “ sheriff is satisfied, on an application by a procurator fiscal, ”;

(b) in subsection (3) for “justice” substitute “ sheriff ”;

(c) in subsection (4) for “justice's”, in paragraphs (a) and (b), substitute “ sheriff's ”.

(11) Subsection (1) applies to Northern Ireland with the substitution of “a complaint” for “ information ”.

Commencement Information

I1 Act 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))