Page 1090 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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1078
Uluslararası Adli İşbirliği
(a) in subsection (1) for “justice of the peace is satisfied on information in writing and
on oath” substitute “sheriff is satisfied, on an application by a procurator fiscal,”;
(b) in subsection (3) for “justice” substitute “sheriff”;
(c) in subsection (4) for “justice’s”, in paragraphs (a) and (b), substitute “sheriff’s”.
(11) Subsection (1) applies to Northern Ireland with the substitution of “a complaint” for “in-
formation”.
74- Person arrested under provisional warrant
(1) This section applies if a person is arrested under a provisional 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) But subsection (3) does not apply if—
(a) the person is granted bail by a constable following his arrest, or
(b) in a case where the Secretary of State has received a valid request for the person’s
extradition, the Secretary of State decides under section 126 that the request is not to be proce-
eded with.
(5) If subsection (2) is not complied with and the person applies to the judge to be discharged,
the judge may order his discharge.
(6) If subsection (3) is not complied with and the person applies to the judge to be discharged,
the judge must order his discharge.
(7)When the person first appears or is brought before the appropriate judge, the judgemust—
(a) inform him that he is accused of the commission of an offence in a category 2 ter-
ritory or that he is alleged to be unlawfully at large after conviction of an offence by a court in a
category 2 territory;
(b) give him the required information about consent;
(c) remand him in custody or on bail.
(8) The required information about consent is—
(a) that the person may consent to his extradition to the category 2 territory in which
he is accused of the commission of an offence or is alleged to have been convicted of an offence;