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Part 2Extradition to category 2 territories

The extradition hearing

77Judge’s powers at extradition hearing

(1)In England and Wales, at the extradition hearing the appropriate judge has the same powers (as nearly as may be) as a magistrates' court would have if the proceedings were the summary trial of an information against the person whose extradition is requested.

(2)In Scotland—

(a)at the extradition hearing the appropriate judge has the same powers (as nearly as may be) as if the proceedings were summary proceedings in respect of an offence alleged to have been committed by the person whose extradition is requested; but

(b)in his making any decision under section 78(4)(a) evidence from a single source shall be sufficient.

(3)In Northern Ireland, at the extradition hearing the appropriate judge has the same powers (as nearly as may be) as a magistrates' court would have if the proceedings were the hearing and determination of a complaint against the person whose extradition is requested.

(4)If the judge adjourns the extradition hearing he must remand the person in custody or on bail.

(5)If the judge remands the person in custody he may later grant bail.