PART 50EXTRADITION

EXTRADITION UNDER PART 2 OF THE EXTRADITION ACT 2003

Issue of arrest warrant50.8

1

This rule applies where the Secretary of State serves on the court officer—

a

an extradition request to which Part 2 of the Extradition Act 2003 applies;

b

a certificate given by the Secretary of State that the request was received in the way approved for the request; and

c

a copy of any Order in Council which applies to the request.

2

In the following sequence, the court must decide—

a

whether the offence in respect of which extradition is requested 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.

3

The court may issue an arrest warrant—

a

without giving the parties an opportunity to make representations; and

b

without a hearing, or at a hearing in public or in private.

[Note. See sections 70, 71, 137 and 138 of the Extradition Act 20031051.]