Page 1040 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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Uluslararası Adli İşbirliği
(4) If a service policeman has power to execute the warrant under subsection (3), he may
execute the warrant in any place where he would have power to arrest the person under the app-
ropriate service law if the person had committed an offence under that law.
(5) The warrant may be executed even if neither the warrant nor a copy of it is in the possessi-
on of the person executing it at the time of the arrest.
(6) The appropriate service law is—
(a) the Army Act 1955 (3 & 4 Eliz. 2 c. 18), if the person in respect of whom the warrant
is issued is subject to military law;
(b) the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), if that person is subject to airforce law;
(c) the Naval Discipline Act 1957 (c. 53), if that person is subject to that Act.
4- Person arrested under Part 1 warrant
(1) This section applies if a person is arrested under a Part 1 warrant.
(2) A copy of the warrant must be given to the person as soon as practicable after his arrest.
(3) The person must be brought as soon as practicable before the appropriate judge.
(4) If subsection (2) is not complied with and the person applies to the judge to be discharged,
the judge may order his discharge.
(5) If subsection (3) is not complied with and the person applies to the judge to be discharged,
the judge must order his discharge.
(6) A person arrested under the warrant must be treated as continuing in legal custody until
he is brought before the appropriate judge under subsection (3) or he is discharged under sub-
section (4) or (5).
5 - Provisional arrest
(1) A constable, a customs officer or a service policeman may arrest a person without a war-
rant if he has reasonable grounds for believing—
(a) that a Part 1 warrant has been or will be issued in respect of the person by an autho-
rity of a category 1 territory, and
(b) that the authority has the function of issuing arrest warrants in the category 1 ter-
ritory.