Extradition Act 2003

The initial hearing

7Identity of person arrested

(1)This section applies if—

(a)a person arrested under a Part 1 warrant is brought before the appropriate judge under section 4(3), or

(b)a person is arrested under section 5 and section 6(2) is complied with in relation to him.

(2)The judge must decide whether the person brought before him is the person in respect of whom—

(a)the warrant referred to in subsection (1)(a) was issued, or

(b)the warrant referred to in section 6(4) was issued.

(3)The judge must decide the question in subsection (2) on a balance of probabilities.

(4)If the judge decides the question in subsection (2) in the negative he must order the person’s discharge.

(5)If the judge decides that question in the affirmative he must proceed under section 8.

(6)In England and Wales, the 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.

(7)In Scotland—

(a)the 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; but

(b)in his making any decision under subsection (2) evidence from a single source shall be sufficient.

(8)In Northern Ireland, the 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.

(9)If the judge exercises his power to adjourn the proceedings he must remand the person in custody or on bail.

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

8Remand etc.

(1)If the judge is required to proceed under this section he must—

(a)fix a date on which the extradition hearing is to begin;

(b)inform the person of the contents of the Part 1 warrant;

(c)give the person the required information about consent;

(d)remand the person in custody or on bail.

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

(3)The required information about consent is—

(a)that the person may consent to his extradition to the category 1 territory in which the Part 1 warrant was issued;

(b)an explanation of the effect of consent and the procedure that will apply if he gives consent;

(c)that consent must be given before the judge and is irrevocable.

(4)The date fixed under subsection (1) must not be later than the end of the permitted period, which is 21 days starting with the date of the arrest referred to in section 7(1)(a) or (b).

(5)If before the date fixed under subsection (1) (or this subsection) a party to the proceedings applies to the judge for a later date to be fixed and the judge believes it to be in the interests of justice to do so, he may fix a later date; and this subsection may apply more than once.

(6)Subsections (7) and (8) apply if the extradition hearing does not begin on or before the date fixed under this section.

(7)If the person applies to the judge to be discharged the judge must order his discharge, unless reasonable cause is shown for the delay.

(8)If no application is made under subsection (7) the judge must order the person’s discharge on the first occasion after the date fixed under this section when the person appears or is brought before the judge, unless reasonable cause is shown for the delay.