Extradition Act 1989

8Arrest for purposes of committal

(1)For the purposes of this Part of this Act a warrant for the arrest of a person may be issued—

(a)on receipt of an authority to proceed—

(i)by the chief metropolitan stipendiary magistrate or a designated metropolitan magistrate;

(ii)by the sheriff of Lothian and Borders;

(b)without such an authority—

(i)by a metropolitan magistrate;

(ii)by a justice of the peace in any part of the United Kingdom; and

(iii)in Scotland, by a sheriff,

upon information that the said person is or is believed to be in or on his way to the United Kingdom;

and any warrant issued by virtue of paragraph (b) above is in this Act referred to as a “provisional warrant”.

(2)In this Act—

• “designated metropolitan magistrate” means a metropolitan stipendiary magistrate designated for the purposes of this Act by the Lord Chancellor; and

• “metropolitan magistrate” means the chief metropolitan stipendiary magistrate or a designated metropolitan magistrate.

(3)A person empowered to issue warrants of arrest under this section may issue such a warrant if he is supplied with such evidence as would in his opinion justify the issue of a warrant for the arrest of a person accused or, as the case may be, convicted within his jurisdiction and it appears to him that the conduct alleged would constitute an extradition crime.

(4)Where a provisional warrant is issued under this section, the authority by whom it is issued shall forthwith give notice to the Secretary of State, and transmit to him the information and evidence, or certified copies of the information and evidence, upon which it was issued; and the Secretary of State may in any case, and shall if he decides not to issue an authority to proceed in respect of the person to whom the warrant relates, by order cancel the warrant and, if that person has been arrested under it, discharge him from custody.

(5)A warrant of arrest issued under this section may, without being backed, be executed in any part of the United Kingdom and may be so executed by any person to whom it is directed or by any constable.

(6)Where a warrant is issued under this section for the arrest of a person accused of an offence of stealing or receiving stolen property in a designated Commonwealth country or a colony or any other offence committed in such a country or in a colony in respect of property, a justice of the peace in any part of the United Kingdom and in Scotland a sheriff shall have the like power to issue a warrant to search for the property as if the offence had been committed within his jurisdiction.