Rule 50.12 Arrangement of extradition hearing after provisional arrestI1

England and Wales

(1)

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

(a)

a request for extradition in respect of which a defendant has been arrested—

(i)

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

(ii)

under section 74A of the Extradition Act 2003, without a warrant;

(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)

Unless a time limit for service of the request has expired, the court must—

(a)

give directions for an extradition hearing to begin—

(i)

no more than 2 months after service of the request, or

(ii)

if either party so applies, at such a later date as the court decides is in the interests of justice;

(b)

consider any ancillary application, including an application about bail pending the extradition hearing; and

(c)

give such directions as are required for the preparation and conduct of the extradition hearing.

[Note. See section 76 of the Extradition Act 2003.]

Annotations