Section 72: Person arrested under section 71
216.A person who has been arrested following an extradition request must be given a copy of the relevant warrant as soon as practicable after the arrest. (subsections (1) and (2)). If this requirement is not met and the person applies to the judge, the judge may order the person's discharge (subsection (5)).
217.Under subsection (3) the person must be brought before the appropriate judge as soon as practicable. However, subsection (4) states that this does not apply if the person was granted police bail following the arrest or if the Secretary of State has decided that the request is not to go any further because a competing request is to take priority (see section 126). Subsection (4)(a) applies to Scotland without reference to bail being granted by a constable, as the police in Scotland cannot grant bail (subsection (10)). If the person is not brought before the judge as soon as practicable, and he applies to the judge, the judge must order his discharge (subsection (6)).
218.Subsections (7) to (9) require the judge to inform the person of the contents of the request for his extradition, to give the person the required information about consent, and to remand him in custody or on bail. If the person is remanded in custody he may subsequently be granted bail. The required information about consent is:
that the person may consent to his extradition;
an explanation of the effect of consent and procedures that will apply (see section 127);
that consent must be given in writing and is irrevocable.
