PART 50EXTRADITION

EXTRADITION UNDER PART 2 OF THE EXTRADITION ACT 2003

Issue of provisional arrest warrant50.10

1

This rule applies where a presenting officer wants a justice of the peace to issue a provisional arrest warrant under Part 2 of the Extradition Act 2003, pending receipt of an extradition request.

2

The presenting officer must—

a

serve on the court officer an information in writing; and

b

verify the information on oath or affirmation.

3

In the following sequence, the justice must decide—

a

whether the alleged offence is an extradition offence; and

b

whether there is sufficient evidence, or (where the Secretary of State has so ordered, for this purpose) information, to justify the issue of a warrant of arrest.

[Note. See sections 73, 137 and 138 of the Extradition Act 20031054.]