The Criminal Procedure Rules 2014

Preliminary hearing after provisional arrest

17.11.—(1) This rule applies where a defendant is first brought before the court after arrest under a provisional arrest warrant to which rule 17.10 applies.

(2) The court must—

(a) explain, in terms the defendant can understand (with help, if necessary)—

(i) the allegation in respect of which the warrant was issued, and

(ii) that the defendant may consent to extradition, and how that may be done and with what effect; and

(b) consider any ancillary application, including an application about bail pending receipt of the extradition request.

[Note. See section 74 of the Extradition Act 2003(1). Under section 127 of the Act, a defendant’s consent to extradition must be given before the court, must be recorded in writing, and is irrevocable. Consent may not be given unless the defendant has a legal representative with him or her when giving consent, or the defendant has failed or refused to apply for legal aid, or legal aid has been refused or withdrawn.]

(1)

2003 c. 41; section 74 was amended by paragraph 16 of Schedule 13 to the Police and Justice Act 2006 (c. 48).