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1030
Uluslararası Adli İşbirliği
(8) The person must be treated as continuing in legal custody until he is brought before the
appropriate judge under subsection (2) or he is discharged under subsection (6) or (7).
(9) Subsection (10) applies if—
(a) a person is arrested under section 5 on the basis of a belief that a Part 1 warrant has
been or will be issued in respect of him;
(b) the person is discharged under subsection (6) or (7).
(10) The person must not be arrested again under section 5 on the basis of a belief relating to
the same Part 1 warrant.
The initial hearing
7- Identity of person arrested
(1) This section applies if—
(a) a person arrested under a Part 1 warrant is brought before the appropriate judge
under section 4(3), or
(b) a person is arrested under section 5 and section 6(2) is complied with in relation to
him.
(2) The judge must decide whether the person brought before him is the person in respect of
whom—
(a) the warrant referred to in subsection (1)(a) was issued, or
(b) the warrant referred to in section 6(4) was issued.
(3) The judge must decide the question in subsection (2) on a balance of probabilities.
(4) If the judge decides the question in subsection (2) in the negative he must order the
person’s discharge.
(5) If the judge decides that question in the affirmative he must proceed under section 8.
(6) In England and Wales, the judge has the same powers (as nearly as may be) as a magist-
rates’ court would have if the proceedings were the summary trial of an information against the
person.
(7) In Scotland—
(a) the judge has the same powers (as nearly as may be) as if the proceedings were