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Section 71: Arrest warrant following extradition request

Extradition Act 2003 · 2003 c. 41View on legislation.gov.uk

Part 2: Extradition to category 2 territories

This section applies if the Secretary of State sends documents to the appropriate judge under section 70.

The judge may issue a warrant for the arrest of the person whose extradition is requested if the judge has reasonable grounds for believing that—

the offence in respect of which extradition is requested is an extradition offence, and
there is evidence falling within subsection (3).

The evidence is—

evidence that would justify the issue of a warrant for the arrest of a person accused of the offence within the judge's jurisdiction, if the person whose extradition is requested is accused of the commission of the offence;
evidence that would justify the issue of a warrant for the arrest of a person unlawfully at large after conviction of the offence within the judge's jurisdiction, if the person whose extradition is requested is alleged to be unlawfully at large after conviction of the offence.

But if the category 2 territory to which extradition is requested is designated for the purposes of this section by order made by the Secretary of State, subsections (2) and (3) have effect as if "evidence" read ." information "

A warrant issued under this section may—

be executed by any person to whom it is directed or by any constable or customs officer;
be executed even if neither the warrant nor a copy of it is in the possession of the person executing it at the time of the arrest.

If a warrant issued under this section—

is directed to a service policeman, and
is in respect of a person subject to service law or a civilian subject to service discipline,

it may be executed anywhere.

In any other case, a warrant issued under this section may be executed in any part of the United Kingdom.

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About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.