Section 73: Provisional warrant
219.This section provides for the issue of a provisional arrest warrant for a person who is in or on his way to the United Kingdom.
220.Subsection (1) explains that this section applies if a justice of the peace receives an information (in Northern Ireland a complaint – see subsection (11)) in writing and on oath that a person is in, or believed to be in, or travelling to, the United Kingdom. The justice of the peace must be satisfied that the person is accused of an offence or is unlawfully at large after conviction of an offence (subsection (2)).
221.Subsection (3) allows a justice of the peace to issue a warrant if he has reasonable grounds to believe that certain conditions are met. The conditions are that the offence is an extradition offence and that there is evidence that would justify the issue of a warrant if the alleged offence had occurred in the relevant part of the United Kingdom or if the person was unlawfully at large in the relevant part of the United Kingdom after conviction for that offence (Subsection (4)). Subsection (5) replaces the requirement to submit evidence with a requirement to submit information, for those countries that have been designated for this purpose by order made by the Secretary of State. Subsection (6) provides that a provisional warrant may be executed by any police constable or customs officer, or by any person to whom it is directed, even if neither the warrant nor a copy is held by that person at the time of execution.
222.Where a warrant is directed to a service policeman it may be executed only in a place where that service policeman would have the power to arrest a person under the relevant service law (subsections (7) and (9)). In all other cases a warrant can be executed in any part of the United Kingdom (subsection (8)).
223.Subsection (10) states that this section applies to Scotland with certain modifications. All references to a "justice (of the peace)" should be read as a sheriff in Scotland. The reference in subsection (1) to "information in writing and on oath" is replaced by "an application by a procurator fiscal".
