Page 1089 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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1077
Kanunları ve Tercümeleri
category 2 territory.
(3) The justice may issue a warrant for the arrest of the person (a provisional warrant) if he has
reasonable grounds for believing that—
(a) the offence of which the person is accused or has been convicted is an extradition
offence, and
(b) there is written evidence falling within subsection (4).
(4) The evidence is—
(a) evidence that would justify the issue of a warrant for the arrest of a person accused
of the offence within the justice’s jurisdiction, if the person in respect of whom the warrant is so-
ught is accused of the commission of the offence;
(b) evidence that would justify the issue of a warrant for the arrest of a person unlaw-
fully at large after conviction of the offence within the justice’s jurisdiction, if the person in respect
of whom the warrant is sought is alleged to be unlawfully at large after conviction of the offence.
(5) But if the category 2 territory is designated for the purposes of this section by order made
by the Secretary of State, subsections (3) and (4) have effect as if “evidence” read “information”.
(6) A provisional warrant may—
(a) be executed by any person to whom it is directed or by any constable or customs
officer;
(b) be executed even if neither the warrant nor a copy of it is in the possession of the
person executing it at the time of the arrest.
(7) If a warrant issued under this section in respect of a person is directed to a service police-
man, it may be executed in any place where the service policeman would have power to arrest the
person under the appropriate service law if the person had committed an offence under that law.
(8) In any other case, a warrant issued under this section may be executed in any part of the
United Kingdom.
(9) 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.
(10) The preceding provisions of this section apply to Scotland with these modifications—