Page 1151 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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1139
Kanunları ve Tercümeleri
(2) The application for a warrant under this section must state that—
(a) the extradition of a person specified in the application is sought under Part 1 or Part
2;
(b) the warrant is sought in relation to premises specified in the application;
(c) the warrant is sought in relation to material, or material of a description, specified
in the application;
(d) the material is special procedure material or excluded material.
(3) If the application states that the extradition of the person is sought under Part 1, the app-
lication must also state that the person is accused in a category 1 territory specified in the appli-
cation of the commission of an offence—
(a) which is specified in the application, and
(b) which is an extradition offence within the meaning given by section 64.
(4) If the application states that the extradition of the person is sought under Part 2, the app-
lication must also state that the person is accused in a category 2 territory specified in the appli-
cation of the commission of an offence—
(a) which is specified in the application, and
(b) which is an extradition offence within the meaning given by section 137.
(5) A warrant under this section authorises a constable to enter and search the premises spe-
cified in the application for the warrant and—
(a) to seize and retain any material found there which falls within subsection (6) and
which is special procedure material, if the application for the warrant states that the warrant is
sought in relation to special procedure material;
(b) to seize and retain any material found there which falls within subsection (6) and
which is excluded material, if the application for the warrant states that the warrant is sought in
relation to excluded material.
(6) Material falls within this subsection if it would be likely to be admissible evidence at a trial
in the relevant part of the United Kingdom for the offence specified in the application for the
warrant (on the assumption that conduct constituting that offence would constitute an offence
in that part of the United Kingdom).
(7) The relevant part of the United Kingdom is the part of the United Kingdom where the jud-
ge exercises jurisdiction.
(8) The further requirement for the issue of a warrant under this section is that any of these
conditions is satisfied—
(a) it is not practicable to communicate with a person entitled to Grant entry to the