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Uluslararası Adli İşbirliği
(a) a person is arrested under a provisional warrant, and
(b) the documents referred to in section 70(9) are received by the appropriate judge
within the period required under section 74(10).
(2) The judge must fix a date on which the extradition hearing is to begin.
(3) The date fixed under subsection (2) must not be later than the end of the permitted period,
which is 2 months starting with the date on which the judge receives the documents.
(4) If before the date fixed under subsection (2) (or this subsection) a party to the proceedings
applies to the judge for a later date to be fixed and the judge believes it to be in the interests of
justice to do so, he may fix a later date; and this subsection may apply more than once.
(5) If the extradition hearing does not begin on or before the date fixed under this section and
the person applies to the judge to be discharged, the judge must order his discharge.
77- Judge’s powers at extradition hearing
(1) In England andWales, 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 summary trial of an information against the person whose extradition is requested.
(2) In Scotland—
(a) at the extradition hearing the appropriate judge has the same powers (as nearly as
may be) as if the proceedings were summary proceedings in respect of an offence alleged to have
been committed by the person whose extradition is requested; but
(b) in his making any decision under section 78(4)(a) evidence from a single source
shall be sufficient.
(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 whose extradition is requested.
(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.