Rule 50.11 Preliminary hearing after provisional arrestI1

England and Wales

(1)

This rule applies where a defendant is first brought before the court after arrest—

(a)

under a provisional arrest warrant to which rule 50.10 applies; or

(b)

under section 74A of the Extradition Act 2003^f1, without a warrant.

(2)

Where paragraph (1)(b) applies the court must first—

(a)

on the basis of such evidence or information as is produced to the court, decide whether a warrant to which rule 50.10 applies would be issued if the defendant were not already under arrest; and

(b)

if no such warrant would be issued, order the defendant’s discharge.

(3)

Unless the court orders the defendant’s discharge under paragraph (2), the court must—

(a)

explain, in terms the defendant can understand (with help, if necessary)—

(i)

the allegation in respect of which the defendant has been arrested, and

(ii)

that the defendant may consent to extradition, and how that may be done and with what effect; and

(b)

consider any ancillary application, including an application about bail pending receipt of the extradition request.

[Note. See sections 74, 74A, 74B, 74C, 74D and 74E of the Extradition Act 2003^f2. Under section 127 of the Act, a defendant’s consent to extradition must be given before the court, must be recorded in writing, and is irrevocable. Consent may not be given unless the defendant has a legal representative with him or her when giving consent, or the defendant has failed or refused to apply for legal aid, or legal aid has been refused or withdrawn.]

Annotations

Commencement

I1: Rule 50.11 in force at 6.10.2025, see Preamble

Footnotes

f1: 2003 c. 41; section 74A was inserted by paragraphs 1 and 2 of the Schedule to the Extradition (Provisional Arrest) Act 2020 (c. 18).
f2: 2003 c. 41; sections 74B, 74C, 74D and 74E were inserted by paragraphs 1 and 2 of the Schedule to the Extradition (Provisional Arrest) Act 2020 (c. 18).