OpenLegislation

Section 76 Date of extradition hearing: arrest under provisional warrant or under section 74AI1F3

(1)

Subsection (2) applies if—

(a)

a person is arrested under a provisional warrant F1or under section 74A, and

(b)

the documents referred to in section 70(9) are received by the appropriate judge within the period required under section 74(10) F2or 74E(4).

(2)

The judge must fix a date on which the extradition hearing is to begin.

(3)

The date fixed under subsection (2) must not be later than the end of the permitted period, which is 2 months starting with the date on which the judge receives the documents.

(4)

If before the date fixed under subsection (2) (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.

(5)

If the extradition hearing does not begin on or before the date fixed under this section and the person applies to the judge to be discharged, the judge must order his discharge.

Annotations

Textual amendments

F1

Words in s. 76(1)(a) inserted (31.12.2020) by Extradition (Provisional Arrest) Act 2020 (c. 18), s. 2(4), Sch. para. 11(3)(a); S.I. 2020/1652, reg. 2(1)(b)

F2

Words in s. 76(1)(b) inserted (31.12.2020) by Extradition (Provisional Arrest) Act 2020 (c. 18), s. 2(4), Sch. para. 11(3)(b); S.I. 2020/1652, reg. 2(1)(b)

F3

Words in s. 76 heading inserted (31.12.2020) by Extradition (Provisional Arrest) Act 2020 (c. 18), s. 2(4), Sch. para. 11(2); S.I. 2020/1652, reg. 2(1)(b)

Commencement

I1

Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Notes on Part 2

Commencement

I1

Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Notes on The extradition hearing

Commencement

I1

Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))