Commencement Information
I1Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
Commencement Information
I2Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
(1)This section applies if—
(a)a person arrested under a Part 1 warrant is brought before the appropriate judge under section 4(3), or
(b)a person [F1arrested under section 5 is brought before the appropriate judge under section 6 and section 6(2A)]F1 is complied with in relation to him.
(2)The judge must decide whether the person brought before him is the person in respect of whom—
(a)the warrant referred to in subsection (1)(a) was issued, or
(b)the warrant referred to in section 6(4) was issued.
(3)The judge must decide the question in subsection (2) on a balance of probabilities.
(4)If the judge decides the question in subsection (2) in the negative he must order the person’s discharge.
(5)If the judge decides that question in the affirmative he must proceed under section 8.
(6)In England and Wales, the 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.
(7)In Scotland—
(a)the 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; but
(b)in his making any decision under subsection (2) evidence from a single source shall be sufficient.
(8)In Northern Ireland, the 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.
(9)If the judge exercises his power to adjourn the proceedings he must remand the person in custody or on bail.
(10)[F2If the person is remanded in custody, the appropriate judge may]F2 later grant bail.
Textual Amendments
F1Words in s. 7(1)(b) substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 77(3), 116; S.I. 2009/3096, art. 3(t) (with art. 4)
F2Words in s. 7(10) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 16; S.I. 2006/3364, art. 2(d)(e)
Commencement Information
I3Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))