Page 1044 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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1032
Uluslararası Adli İşbirliği
(6) Subsections (7) and (8) apply if the extradition hearing does not begin on or before the
date fixed under this section.
(7) If the person applies to the judge to be discharged the judge must order his discharge,
unless reasonable cause is shown for the delay.
(8) If no application is made under subsection (7) the judge must order the person’s discharge
on the first occasion after the date fixed under this section when the person appears or is brought
before the judge, unless reasonable cause is shown for the delay.
The extradition hearing
9- Judge’s powers at extradition hearing
(1) In England and Wales, at the extradition hearing the appropriate judge has the same po-
wers (as nearly as may be) as a magistrates’ court would have if the proceedings were the sum-
mary trial of an information against the person in respect of whom the Part 1 warrant was issued.
(2) In Scotland, at the extradition hearing the appropriate judge has the same powers (as ne-
arly as may be) as if the proceedings were summary proceedings in respect of an offence alleged
to have been committed by the person in respect of whom the Part 1 warrant was issued.
(3) In Northern Ireland, at the extradition hearing the appropriate judge has the same powers
(as nearly as may be) as a magistrates’ court would have if the proceedings were the hearing and
determination of a complaint against the person in respect of whom the Part 1 warrant was issu-
ed.
(4) If the judge adjourns the extradition hearing he must remand the person in custody or on
bail.
(5) If the judge remands the person in custody he may later grant bail.
10- Initial stage of extradition hearing
(1) This section applies if a person in respect of whom a Part 1 warrant is issued appears or is
brought before the appropriate judge for the extradition hearing.
(2) The judge must decide whether the offence specified in the Part 1 warrant is an extradition
offence.