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Paragraph 34.2 Arrest under provisional warrant or provisional arrest without warrantF1F3

Scotland

(1)

This rule applies where an arrested person is brought before the sheriff at Lothian and Borders under section 74(3) (person arrested under provisional warrant) F2or section 74A (provisional arrest where certificate issued under section 74B) of the Act of 2003.

(9)

(2)

The Sheriff–

(a)

may fix a date for a review hearing to take place before the expiry of the required period; and

(b)

shall fix a date for a review hearing to take place as soon as practicable after the expiry of the required period.

(3)

At a review hearing under paragraph (2), the sheriff shall ascertain, so far as reasonably practicable, the state of preparation of the parties and may fix a further hearing to take place before the extradition hearing; and this paragraph may apply more than once.

Annotations

Textual amendments

F1

Sch. 2 Ch. 34 substituted (18.8.2004) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Extradition etc.) 2004 (S.S.I. 2004/346), paras. 1(1), 2(5)

F2

Words in Sch. 2 rule 34.2(1) inserted (15.10.2021) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Extradition) 2021 (S.S.I. 2021/316), paras. 1(2), 2(2)(b)(ii)

F3

Words in Sch. 2 rule 34.2 heading inserted (15.10.2021) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Extradition) 2021 (S.S.I. 2021/316), paras. 1(2), 2(2)(b)(i)