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In force since 2026-10-05, as the publisher states.
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Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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(1) This Part applies where the court can deal with a person for conduct— (a) in contempt of court; or (b) in contravention of the legislation to which rules 48.5 and 48.9 refer. (2) In this Part, ‘respondent’ means any such person. [Note. For the court’s powers to punish for contempt of court, see the notes to rules 48.5 and 48.9.]
Propose a change(1) The court must determine at a hearing— (a) an enquiry under rule 48.8; and (b) an allegation under rule 48.9. (2) The court must not proceed in the respondent’s absence unless— (a) the respondent’s behaviour makes it impracticable to proceed otherwise; or (b) the respondent has had at least 10 business days’ notice of the hearing, or was present when the hearing was arranged. (3) If the court hears part of an enquiry or allegation in private, it must announce at a hearing in public— (a) the respondent’s name; (b) in general terms, the nature of any conduct that the respondent admits, or the court finds proved; and (c) any punishment imposed. (4) Where a respondent admits conduct to which this Part applies or the court finds such conduct proved, the court officer must publish an announcement of the event— (a) which includes the information listed in paragraph (3) of this rule; and (b) by such arrangements as the Lord Chief Justice directs.
Propose a change(1) This rule applies where— (a) the Court of Appeal or the Crown Court suspends an order of imprisonment for contempt of court; and (b) the respondent is absent when the court does so. (2) The respondent must be served with notice of the terms of the court’s order— (a) by any applicant under rule 48.9; or (b) by the court officer, in any other case. [Note. By reason of sections 15 and 45 of the Senior Courts Act 1981, the Court of Appeal and the Crown Court each has an inherent power to suspend imprisonment for contempt of court, on conditions, or for a period, or both.]
Propose a change(1) This rule applies where the court can discharge an order for a respondent’s imprisonment for contempt of court. (2) A respondent who wants the court to discharge such an order must— (a) apply in writing, unless the court otherwise directs, and serve any written application on— (i) the court officer, and (ii) any applicant under rule 48.9 on whose application the respondent was imprisoned; (b) in the application— (i) explain why it is appropriate for the order for imprisonment to be discharged, and (ii) give details of any appeal, and its outcome; and (c) ask for a hearing, if the respondent wants one. [Note. By reason of sections 15 and 45 of the Senior Courts Act 1981, the Court of Appeal and the Crown Court each has an inherent power to discharge an order for a respondent’s imprisonment for contempt of court in failing to comply with a court order. Under section 97(4) of the Magistrates’ Courts Act 1980, a magistrates’ court can discharge an order for imprisonment if the respondent gives evidence. Under section 12(4) of the Contempt of Court Act 1981, a magistrates’ court can discharge an order for imprisonment made under that section.]
Propose a change(1) This rule applies where the court observes, or someone reports to the court— (a) in the Court of Appeal or the Crown Court, obstructive, disruptive, insulting or intimidating conduct, in the courtroom or in its vicinity, or otherwise immediately affecting the proceedings; (b) in the Crown Court, a contravention of— (i) section 3 of the Criminal Procedure (Attendance of Witnesses) Act 1965 (disobeying a witness summons), or (ii) section 20 of the Juries Act 1974 (disobeying a jury summons); (c) in a magistrates’ court, a contravention of— (i) section 97(4) of the Magistrates’ Courts Act 1980 (refusing to give evidence), or (ii) section 12 of the Contempt of Court Act 1981 (insulting or interrupting the court, etc.); (d) a contravention of section 9 of the Contempt of Court Act 1981 (Use of tape recorders); (e) a contravention of section 41 of the Criminal Justice Act 1925 (Prohibition on taking photographs, etc, in court); or (f) any other conduct with which the court can deal as, or as if it were, a criminal contempt of court, except failure to surrender to bail under section 6 of the Bail Act 1976. (2) If it is necessary in the interests of justice to deal there and then with conduct to which this rule applies, the court must— (a) unless the respondent’s behaviour makes it impracticable to do so, explain, in terms the respondent can understand (with help, if necessary)— (i) the conduct that is in question, (ii) that the court can impose imprisonment, or a fine, or both, for such conduct, (iii) (where relevant) that the court has power to order the respondent’s immediate temporary detention, if in the court’s opinion that is required, (iv) that the respondent may explain the conduct, (v) that the respondent may apologise, if the respondent so wishes, which may persuade the court to take no further action, and (vi) that the respondent may take legal advice; and (b) allow the respondent a reasonable opportunity to reflect, take advice, explain and, if the respondent so wishes, apologise. (3) After allowing that opportunity— (a) the court may enquire into the conduct at once; (b) the court may postpone the enquiry— (i) if a magistrates’ court, only until later the same day, or (ii) if the Court of Appeal or the Crown Court, until a date and time fixed by the court for the respondent to surrender to the court’s custody; (c) if the conduct appears to contravene section 9 of the Contempt of Court Act 1981 (recording) or section 41 of the Criminal Justice Act 1925 (photography), the court may— (i) at once require the respondent to erase the recording or photograph immediately, (ii) explain the power of a court security officer to seize an article under section 54 of the Courts Act 2003 (Surrender and seizure of articles), and (iii) explain the power of the court to order the forfeiture and disposal of an instrument under section 9(3) of the Contempt of Court Act 1981; or (d) the court may take no further action in respect of the conduct. (4) In the Crown Court, if it is not necessary in the interests of justice to deal there and then with the conduct the court must instead— (a) direct the court officer to report the incident to a Presiding Judge; and (b) unless the respondent’s behaviour makes it impracticable to do so, explain in terms the respondent can understand (with help, if necessary), that— (i) the incident will be considered by a Presiding Judge, (ii) the outcome may be prosecution or proceedings for contempt of court, which may lead to imprisonment, or to a fine, or both, (iii) the respondent may explain the conduct and may apologise, if the respondent so wishes, which may affect the outcome, and (iv) the respondent may take legal advice. [Note. The conduct to which this rule applies is sometimes described as ‘criminal’ contempt of court. By reason of sections 15 and 45 of the Senior Courts Act 1981, the Court of Appeal and the Crown Court each has an inherent powerto imprison (for a maximum of 2 years), or fine (to an unlimited amount), or both, a respondent for contempt of court for the conduct listed in paragraph (1)(a), (b), (d) , (e) or (f). See also section 14 of the Contempt of Court Act 1981. Under section 97(4) of the Magistrates’ Courts Act 1980, and under sections 12 and 14 of the Contempt of Court Act 1981, a magistrates’ court can imprison (for a maximum of 1 month), or fine (to a maximum of £2,500), or both, a respondent who contravenes a provision listed in paragraph (1)(c) or (d). Section 12(1) of the 1981 Act allows the court to deal with any person who— (a) wilfully insults the justice or justices, any witness before or officer of the court or any solicitor or counsel having business in the court, during his or their sitting or attendance in court or in going to or returning from the court; or (b) wilfully interrupts the proceedings of the court or otherwise misbehaves in court. Under section 227(2) of the Sentencing Act 2020, the committal to custody of a person aged under 21 is generally prohibited but section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 allows the court to commit to detention a person aged at least 18 but under 21 if it is of the opinion that no other method of dealing with that person is appropriate. Under section 258 of the Criminal Justice Act 2003, a respondent who is imprisoned for contempt of court must be released unconditionally after serving half the term. Under sections 14, 15 and 16 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, the respondent may receive advice and representation in “proceedings for contempt committed, or alleged to have been committed, by an individual in the face of the court”. By reason of sections 15 and 45 of the Senior Courts Act 1981, the Court of Appeal and the Crown Court each has (i) an inherent power temporarily to detain a respondent, for example to restore order, when dealing with obstructive, disruptive, insulting or intimidating conduct, and (ii) an inherent power to grant bail, subject to the obligation to attend the enquiry and subject to the same principles that apply to bail in a prosecution. Under section 12(2) of the Contempt of Court Act 1981, a magistrates’ court can temporarily detain a respondent until later the same day on a contravention of that section. Part 14 contains rules about bail. Under section 53(2) of the Courts Act 2003, a court security officer may restrain any person in a court building, or exclude or remove any person from a court building, if that is reasonably necessary to enable court business to be carried on without interference or delay, to maintain order, or to secure the safety of any person in the building. Under section 53(4) of that Act a court security officer acting in the execution of that officer’s duty may remove any person from a courtroom at the request of a judge or a justice of the peace. Under section 54 of the Courts Act 2003, a court security officer must ask a person in a court building to surrender any article that the officer reasonably believes (a) may jeopardise the maintenance of order in the court building or a part of it, (b) may put the safety of any person in the court building at risk, or (c) may be evidence of, or in relation to, an offence. If that person refuses to surrender that article the officer may seize it. Under section 9(3) of the Contempt of Court Act 1981, the court may order the forfeiture of a recording instrument brought into court without the court’s permission, and any recording made with it, and may direct the manner of its disposal. The object forfeited must be disposed of in this manner, unless the court otherwise determines on application by the owner. Presiding Judges are appointed from among High Court judges under section 72 of the Courts and Legal Services Act 1990.]
Propose a change(1) This rule applies in a case in which the court has ordered the respondent’s immediate temporary detention for conduct to which rule 48.5 applies. (2) The court must review the case— (a) if a magistrates’ court, later the same day; or (b) if the Court of Appeal or the Crown Court, no later than the next business day. (3) On the review, the court must— (a) unless the respondent is absent, repeat the explanations required by rule 48.5(2)(a); and (b) allow the respondent a reasonable opportunity to reflect, take advice, explain and, if he or she so wishes, apologise. (4) The court may then— (a) take no further action in respect of the conduct; (b) if a magistrates’ court, enquire into the conduct at once; or (c) if the Court of Appeal or the Crown Court— (i) enquire into the conduct at once, or (ii) postpone the enquiry, and order the respondent’s release from such detention in the meantime.
Propose a change(1) This rule applies where the Court of Appeal or the Crown Court postpones the enquiry. (2) Under the superintendence of the court the court officer must prepare a written statement containing such particulars of the conduct in question as to make clear what the respondent appears to have done. (3) The court officer must serve on the respondent— (a) that written statement; (b) such other evidence, if any, of the conduct which the court will consider at the enquiry; (c) notice of where and when the postponed enquiry will take place; (d) a reminder that the court can impose imprisonment, or a fine, or both, for contempt of court; and (e) a warning that if the respondent fails to attend the enquiry— (i) the enquiry may take place in the respondent’s absence, and (ii) the respondent may be arrested and punished for failing to attend.
Propose a change(1) At an enquiry, the court must— (a) ensure that the respondent understands (with help, if necessary) what is alleged, if the enquiry has been postponed from a previous occasion; (b) explain what the procedure at the enquiry will be; and (c) ask whether the respondent admits the conduct in question. (2) If the respondent admits the conduct, the court need not receive evidence. (3) If the respondent does not admit the conduct, the court must consider— (a) any statement served under rule 48.7; (b) any other evidence of the conduct served under that rule; (c) any evidence introduced by the respondent; and (d) any representations by the respondent about the conduct. (4) If the respondent admits the conduct, or the court finds it proved, the court must— (a) before imposing any punishment for contempt of court, give the respondent an opportunity to make representations relevant to punishment and a final opportunity to apologise; (b) in deciding how to deal with the respondent take into account— (i) the gravity of the contempt, (ii) the extent of any admission of the conduct and the stage at which that admission was made, (iii) any apology and the stage at which that apology was offered, and (iv) any period during which the respondent was detained pending the enquiry; (c) if imprisonment is imposed, impose the shortest period that is commensurate with the preservation of good order in the administration of justice; (d) explain, in terms the respondent can understand (with help, if necessary)— (i) the reasons for its decision, including its findings of fact, and (ii) the punishment it imposes, and its effect; and (e) if a magistrates’ court, arrange for the preparation of a written record of those findings. (5) The court that conducts an enquiry— (a) need not include the same member or members as the court that observed the conduct; but (b) may do so, unless that would be unfair to the respondent.
Propose a change(1) This rule applies where— (a) a party, or other person directly affected, alleges— (i) in the Crown Court, a failure to comply with an order to which applies rule 33.64 (compliance order, restraint order or ancillary order), rule 47.9 (certain investigation orders under the Police and Criminal Evidence Act 1984, the Terrorism Act 2000, the Proceeds of Crime Act 2002, the Proceeds of Crime Act 2002 (External Investigations) Order 2014 and the Extradition Act 2003), rule 47.41 (order for retention or return of property under section 59 of the Criminal Justice and Police Act 2001) or rule 47.58 (order for access under section 18A of the Criminal Appeal Act 1995), (ii) in the Court of Appeal or the Crown Court, any other conduct with which that court can deal as a civil contempt of court, or (iii) in the Crown Court or a magistrates’ court, unauthorised use of disclosed prosecution material under section 17 of the Criminal Procedure and Investigations Act 1996; or (b) the court deals on its own initiative with conduct to which paragraph (1)(a) applies. (2) Such a party or person must— (a) apply in writing and serve the application on the court officer; and (b) serve on the respondent— (i) the application, and (ii) notice of where and when the court will consider the allegation (not less than 10business days after service). (3) The application must— (a) identify the respondent; (b) explain that it is an application for the respondent to be dealt with for contempt of court; (c) contain such particulars of the conduct in question as to make clear what is alleged against the respondent; and (d) include a notice warning the respondent that the court— (i) can impose imprisonment, or a fine, or both, for contempt of court, and (ii) may deal with the application in the respondent’s absence, if the respondent does not attend the hearing. (4) A court which acts on its own initiative under paragraph (1)(b) must— (a) arrange for the preparation of a written statement containing the same information as an application; and (b) arrange for the service on the respondent of— (i) that written statement, and (ii) notice of where and when the court will consider the allegation (not less than 10business days after service). [Note. The conduct to which this rule applies is sometimes described as ‘civil’ contempt of court. By reason of section 45 of the Senior Courts Act 1981, the Crown Court has an inherent power to imprison (for a maximum of 2 years), or fine (to an unlimited amount), or both, a respondent for conduct in contempt of court by failing to comply with a court order or an undertaking given to the court. Under section 18 of the Criminal Procedure and Investigations Act 1996— (a) the Crown Court can imprison (for a maximum of 2 years), or fine (to an unlimited amount), or both; (b) a magistrates’ court can imprison (for a maximum of 6 months), or fine (to a maximum of £5,000), or both, a person who uses disclosed prosecution material in contravention of section 17 of that Act. See also rule 15.8. Under section 227(2) of the Sentencing Act 2020, the committal to custody of a person aged under 21 is generally prohibited but section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 allows the court to commit to detention a person aged at least 18 but under 21 if it is of the opinion that no other method of dealing with that person is appropriate. Under section 258 of the Criminal Justice Act 2003, a respondent who is imprisoned for contempt of court must be released unconditionally after serving half the term. The rules in Part 4 require that an application under this rule must be served by handing it to the person accused of contempt of court unless the court otherwise directs.]
Propose a change(1) At the hearing of an allegation under rule 48.9, the court must— (a) ensure that the respondent understands (with help, if necessary) what is alleged; (b) explain what the procedure at the hearing will be; and (c) ask whether the respondent admits the conduct in question. (2) If the respondent admits the conduct, the court need not receive evidence. (3) If the respondent does not admit the conduct, the court must consider— (a) the application or written statement served under rule 48.9; (b) any other evidence of the conduct; (c) any evidence introduced by the respondent; and (d) any representations by the respondent about the conduct. (4) If the respondent admits the conduct, or the court finds it proved, the court must— (a) before imposing any punishment for contempt of court, give the respondent an opportunity to make representations relevant to punishment and a final opportunity to apologise; (b) in deciding how to deal with the respondent take into account— (i) the gravity of the contempt, (ii) the extent of any admission of the conduct and the stage at which that admission was made, and (iii) any apology and the stage at which that apology was offered; (c) if imprisonment is imposed, impose the shortest period that is commensurate with the preservation of good order in the administration of justice; (d) explain, in terms the respondent can understand (with help, if necessary)— (i) the reasons for its decision, including its findings of fact, and (ii) the punishment it imposes, and its effect; and (e) if a magistrates’ court, arrange for the preparation of a written record of those findings.
Propose a change(1) Where rule 48.9 applies, an applicant or respondent who wants to introduce in evidence the written statement of a witness, or other hearsay, must— (a) serve a copy of the statement, or notice of other hearsay, on— (i) the court officer, and (ii) the other party; and (b) serve the copy or notice— (i) when serving the application under rule 48.9, in the case of an applicant, or (ii) not more than 5 business days after service of that application or of the court’s written statement, in the case of the respondent. (2) Such service is notice of that party’s intention to introduce in evidence that written witness statement, or other hearsay, unless that party otherwise indicates when serving it. (3) A party entitled to receive such notice may waive that entitlement. [Note. On an application under rule 48.9, hearsay evidence is admissible under the Civil Evidence Act 1995. Section 1(2) of the 1995 Act defines hearsay as meaning ‘a statement made otherwise than by a person while giving oral evidence in the proceedings which is tendered as evidence of the matters stated’. Section 13 of the Act defines a statement as meaning ‘any representation of fact or opinion, however made’. Under section 2 of the 1995 Act, a party who wants to introduce hearsay in evidence must give reasonable and practicable notice, in accordance with procedure rules, unless the recipient waives that requirement.]
Propose a change(1) This rule applies to a written witness statement served under rule 48.11. (2) Such a written witness statement must contain a declaration by the person making it that it is true to the best of that person’s knowledge and belief. [Note. By reason of sections 15 and 45 of the Senior Courts Act 1981, the Court of Appeal and the Crown Court each has an inherent power to imprison (for a maximum of 2 years), or fine (to an unlimited amount), or both, for contempt of court a person who, in a written witness statement to which this rule applies, makes, or causes to be made, a false statement without an honest belief in its truth. See also section 14 of the Contempt of Court Act 1981.]
Propose a change(1) This rule applies to a notice of hearsay, other than a written witness statement, served under rule 48.11. (2) Such a notice must— (a) set out the evidence, or attach the document that contains it; and (b) identify the person who made the statement that is hearsay.
Propose a change(1) This rule applies where a party wants the court’s permission to cross-examine a person who made a statement which another party wants to introduce as hearsay. (2) The party who wants to cross-examine that person must— (a) apply in writing, with reasons; and (b) serve the application on— (i) the court officer, and (ii) the party who served the hearsay. (3) A respondent who wants to cross-examine such a person must apply to do so not more than 5business days after service of the hearsay by the applicant. (4) An applicant who wants to cross-examine such a person must apply to do so not more than 3business days after service of the hearsay by the respondent. (5) The court— (a) may decide an application under this rule without a hearing; but (b) must not dismiss such an application unless the person making it has had an opportunity to make representations at a hearing. [Note. See also section 3 of the Civil Evidence Act 1995.]
Propose a change(1) This rule applies where a party wants to challenge the credibility or consistency of a person who made a statement which another party wants to introduce as hearsay. (2) The party who wants to challenge the credibility or consistency of that person must— (a) serve notice of intention to do so on— (i) the court officer, and (ii) the party who served the hearsay; and (b) in it, identify any statement or other material on which that party relies. (3) A respondent who wants to challenge such a person’s credibility or consistency must serve such a notice not more than 5 business days after service of the hearsay by the applicant. (4) An applicant who wants to challenge such a person’s credibility or consistency must serve such a notice not more than 3 business days after service of the hearsay by the respondent. (5) The party who served the hearsay— (a) may call that person to give oral evidence instead; and (b) if so, must serve notice of intention to do so on— (i) the court officer, and (ii) the other party as soon as practicable after service of the notice under paragraph (2). [Note. Section 5(2) of the Civil Evidence Act 1995 describes the procedure for challenging the credibility of the maker of a statement of which hearsay evidence is introduced. See also section 6 of that Act. The 1995 Act does not allow the introduction of evidence of a previous inconsistent statement otherwise than in accordance with sections 5, 6 and 7 of the Criminal Procedure Act 1865.]
Propose a change(1) This rule applies where a magistrates’ court deals with unauthorised disclosure of prosecution material under sections 17 and 18 of the Criminal Procedure and Investigations Act 1996. (2) The sections of the Magistrates’ Courts Act 1980 listed in paragraph (3) apply as if in those sections— (a) ‘complaint’ and ‘summons’ each referred to an application or written statement under rule 48.9; (b) ‘complainant’ meant an applicant; and (c) ‘defendant’ meant the respondent. (3) Those sections are— (a) section 51 (issue of summons on complaint); (b) section 54 (adjournment); (c) section 55 (non-appearance of defendant); (d) section 97(1) (summons to witness); (e) section 121(1) (constitution and place of sitting of court); and (f) section 123 (defect in process). (4) Section 127 of the 1980 Act (limitation of time) does not apply. [Note. Under section 19(3) of the Criminal Procedure and Investigations Act 1996, Criminal Procedure Rules may contain provisions equivalent to those contained in Schedule 3 to the Contempt of Court Act 1981 (which allows magistrates’ courts in cases of contempt of court to use certain powers such courts possess in other cases).]
Propose a change(1) The court may shorten or extend (even after it has expired) a time limit under rule 48.11, 48.14 or 48.15. (2) A person who wants an extension of time must— (a) apply when serving the statement, notice or application for which it is needed; and (b) explain the delay.
Propose a change(1) The notice which by virtue of section 3(4)(b) of the Crime (International Co-operation) Act 2003 (general requirements for service of process) must accompany any process served outside the United Kingdom must give the information specified in paragraphs (2) and (4) below. (2) The notice must— (a) state that the person required by the process to appear as a party or attend as a witness can obtain information about his rights in connection therewith from the relevant authority; and (b) give the particulars specified in paragraph (4) about that authority. (3) The relevant authority where the process is served— (a) at the request of the prosecuting authority, is that authority; or (b) at the request of the defendant or the prosecutor in the case of a private prosecution, is the court by which the process is served. (4) The particulars referred to in paragraph (2) are— (a) the name and address of the relevant authority, together with its telephone and fax numbers and e-mail address; and (b) the name of a person at the relevant authority who can provide the information referred to in paragraph (2)(a), together with his telephone and fax numbers and e-mail address. (5) The magistrates’ court or Crown Court officer must send, together with any process served outside the United Kingdom— (a) any translation which is provided under section 3(3)(b) of the 2003 Act; and (b) any translation of the information required to be given by this rule which is provided to him. (6) In this rule, ‘process’ has the same meaning as in section 51(3) of the 2003 Act.
Propose a change(1) A statement in a certificate given by or on behalf of the Secretary of State— (a) that process has been served on any person under section 4(1) of the Crime (International Co-operation) Act 2003(service of process otherwise than by post); (b) of the manner in which service was effected; and (c) of the date on which process was served; shall be admissible as evidence of any facts so stated. (2) In this rule, ‘process’ has the same meaning as in section 51(3) of the 2003 Act.
Propose a changeWhere a request for assistance under section 7 of the Crime (International Co-operation) Act 2003 is made by a justice of the peace or a judge exercising the jurisdiction of the Crown Court and is sent in accordance with section 8(1) of the 2003 Act, the magistrates’ court or Crown Court officer shall send a copy of the letter of request to the Secretary of State as soon as practicable after the request has been made.
Propose a changeA court nominated under section 15(1) of the Crime (International Co-operation) Act 2003 (nominating a court to receive evidence) may— (a) determine who may appear or take part in the proceedings under Schedule 1 to the 2003 Act before the court and whether a party to the proceedings is entitled to be legally represented; and (b) direct that the public be excluded from those proceedings if it thinks it necessary to do so in the interests of justice.
Propose a change(1) Where a court is nominated under section 15(1) of the Crime (International Co-operation) Act 2003 the magistrates’ court or Crown Court officer shall enter in an overseas record— (a) details of the request in respect of which the notice under section 15(1) of the 2003 Act was given; (b) the date on which, and place at which, the proceedings under Schedule 1 to the 2003 Act in respect of that request took place; (c) the name of any witness who gave evidence at the proceedings in question; (d) the name of any person who took part in the proceedings as a legal representative or an interpreter; (e) whether a witness was required to give evidence on oath or (by virtue of section 5 of the Oaths Act 1978) after making a solemn affirmation; and (f) whether the opportunity to cross-examine any witness was refused. (2) When the court gives the evidence received by it under paragraph 6(1) of Schedule 1 to the 2003 Act to the court or authority that made the request or to the territorial authority for forwarding to the court or authority that made the request, the magistrates’ court or Crown Court officer shall send to the court, authority or territorial authority (as the case may be) a copy of an extract of so much of the overseas record as relates to the proceedings in respect of that request. [Note. As to the keeping of an overseas record, see rule 49.9.]
Propose a change(1) This rule applies where a court is nominated under section 30(3) (hearing witnesses in the UK through television links) or section 31(4) (hearing witnesses in the UK by telephone) of the Crime (International Co-operation) Act 2003. (2) Where it appears to the justices’ legal adviser or the Crown Court officer that the witness to be heard in the proceedings under Part 1 or 2 of Schedule 2 to the 2003 Act (‘the relevant proceedings’) is likely to give evidence in a language other than English, he shall make arrangements for an interpreter to be present at the proceedings to translate what is said into English. (3) Where it appears to the justices’ legal adviser or the Crown Court officer that the witness to be heard in the relevant proceedings is likely to give evidence in a language other than that in which the proceedings of the court referred to in section 30(1) or, as the case may be, 31(1) of the 2003 Act (‘the external court’) will be conducted, he shall make arrangements for an interpreter to be present at the relevant proceedings to translate what is said into the language in which the proceedings of the external court will be conducted. (4) Where the evidence in the relevant proceedings is either given in a language other than English or is not translated into English by an interpreter, the court shall adjourn the proceedings until such time as an interpreter can be present to provide a translation into English. (5) Where a court in Wales understands Welsh— (a) paragraph (2) does not apply where it appears to the justices’ legal adviser or Crown Court officer that the witness in question is likely to give evidence in Welsh; (b) paragraph (4) does not apply where the evidence is given in Welsh; and (c) any translation which is provided pursuant to paragraph (2) or (4) may be into Welsh instead of English.
Propose a change(1) This rule applies where a court is nominated under section 30(3) of the Crime (International Co-operation) Act 2003. (2) The magistrates’ court or Crown Court officer shall enter in an overseas record— (a) details of the request in respect of which the notice under section 30(3) of the 2003 Act was given; (b) the date on which, and place at which, the proceedings under Part 1 of Schedule 2 to that Act in respect of that request took place; (c) the technical conditions, such as the type of equipment used, under which the proceedings took place; (d) the name of the witness who gave evidence; (e) the name of any person who took part in the proceedings as a legal representative or an interpreter; and (f) the language in which the evidence was given. (3) As soon as practicable after the proceedings under Part 1 of Schedule 2 to the 2003 Act took place, the magistrates’ court or Crown Court officer shall send to the external authority that made the request a copy of an extract of so much of the overseas record as relates to the proceedings in respect of that request. [Note. As to the keeping of an overseas record, see rule 49.9.]
Propose a change(1) This rule applies where a court is nominated under section 31(4) of the Crime (International Co-operation) Act 2003. (2) The magistrates’ court or Crown Court officer shall enter in an overseas record— (a) details of the request in respect of which the notice under section 31(4) of the 2003 Act was given; (b) the date, time and place at which the proceedings under Part 2 of Schedule 2 to the 2003 Act took place; (c) the name of the witness who gave evidence; (d) the name of any interpreter who acted at the proceedings; and (e) the language in which the evidence was given. [Note. As to the keeping of an overseas record, see rule 49.9.]
Propose a change(1) The overseas records of a magistrates’ court shall be part of the register (within the meaning of section 150(1) of the Magistrates’ Courts Act 1980). (2) The overseas records of any court shall not be open to inspection by any person except— (a) as authorised by the Secretary of State; or (b) with the leave of the court. [Note. As to the making of court records, see rule 5.4.]
Propose a change(1) This rule applies where a court is nominated under section 21(1) of the Crime (International Co-operation) Act 2003 to give effect to an overseas freezing order. (2) Where the Secretary of State serves a copy of such an order on the court officer— (a) the general rule is that the court must consider the order no later than the next business day; but (b) exceptionally, the court may consider the order later than that, though not more than 5business days after service. (3) The court must not consider the order unless— (a) it is satisfied that the chief officer of police for the area in which the evidence is situated has had notice of the order; and (b) that chief officer of police has had an opportunity to make representations, at a hearing if that officer wants. (4) The court may consider the order— (a) without a hearing; or (b) at a hearing, in public or in private. [Note. Under sections 20, 21 and 22 of the Crime (International Co-operation) Act 2003, a court nominated by the Secretary of State must consider an order, made by a court or other authority in a country outside the United Kingdom, the purpose of which is to protect evidence in the United Kingdom which may be used in proceedings or an investigation in that other country pending the transfer of that evidence to that country. The court may decide not to give effect to such an order only if— (a) were the person whose conduct is in question to be charged with the offence to which the order relates, a previous conviction or acquittal would entitle that person to be discharged; or (b) giving effect to the order would be incompatible with a Convention right, within the meaning of the Human Rights Act 1998.]
Propose a change(1) This rule applies where— (a) the Crown Court can— (i) make a restraint order under article 5 of the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) Order 2005, or (ii) give effect to an external forfeiture order under article 19 of that Order; (b) the Director of Public Prosecutions or the Director of the Serious Fraud Office receives— (i) a request for the restraint of property to which article 3 of the 2005 Order applies, or (ii) a request to give effect to an external forfeiture order to which article 15 of the Order applies; and (c) the Director wants the Crown Court to— (i) make such a restraint order, or (ii) give effect to such a forfeiture order. (2) The Director must— (a) apply in writing; (b) serve the application on the court officer; and (c) serve the application on the defendant and on any other person affected by the order, unless the court is satisfied that— (i) the application is urgent, or (ii) there are reasonable grounds for believing that to give notice of the application would cause the dissipation of the property which is the subject of the application. (3) The application must— (a) identify the property the subject of the application; (b) identify the person who is or who may become the subject of such a forfeiture order; (c) explain how the requirements of the 2005 Order are satisfied, as the case may be— (i) for making a restraint order, or (ii) for giving effect to a forfeiture order; (d) where the application is to give effect to a forfeiture order, include an application to appoint the Director as the enforcement authority; and (e) propose the terms of the Crown Court order. (4) If the court allows the application, it must— (a) where it decides to make a restraint order— (i) specify the property the subject of the order, (ii) specify the person or persons who are prohibited from dealing with that property, (iii) specify any exception to that prohibition, and (iv) include any ancillary order that the court believes is appropriate to ensure that the restraint order is effective; and (b) where it decides to give effect to a forfeiture order, exercise its power to— (i) direct the registration of the order as an order of the Crown Court, (ii) give directions for notice of the order to be given to any person affected by it, and (iii) appoint the applicant Director as the enforcement authority. (5) Paragraph (6) applies where a person affected by an order, or the Director, wants the court to vary or discharge a restraint order or cancel the registration of a forfeiture order. (6) Such a person must— (a) apply in writing as soon as practicable after becoming aware of the grounds for doing so; (b) serve the application on the court officer and, as applicable— (i) the other party, and (ii) any other person who will or may be affected; (c) explain why it is appropriate, as the case may be— (i) for the restraint order to be varied or discharged, or (ii) for the registration of the forfeiture order to be cancelled; (d) propose the terms of any variation; and (e) ask for a hearing, if one is wanted, and explain why it is needed. (7) The court may— (a) consider an application (i) at a hearing, which must be in private unless the court otherwise directs, or (ii) without a hearing; and (b) allow an application to be made orally. [Note. Under article 19 of the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) Order 2005, on the application of the Director of Public Prosecutions or the Director of the Serious Fraud Office the Crown Court may give effect to an order made by a court in a country outside the United Kingdom for the forfeiture and destruction, or other disposal, of any property in respect of which an offence has been committed in that country, or which was used or intended for use in connection with the commission of such an offence (described in the Order as an ‘external forfeiture order’). Under article 5 of the 2005 Order, on the application of the Director of Public Prosecutions or the Director of the Serious Fraud Office the Crown Court may make a restraint order prohibiting any specified person from dealing with property, for the purpose of facilitating the enforcement of such a forfeiture order which has yet to be made.]
Propose a change(1) This Part applies to extradition under Part 1 or Part 2 of the Extradition Act 2003. (2) Section 2 of this Part applies to proceedings in a magistrates’ court, and in that Section— (a) rules 50.3 to 50.7, 50.15 and 50.16 apply to extradition under Part 1 of the Act; and (b) rules 50.3, 50.4 and 50.8 to 50.16 apply to extradition under Part 2 of the Act. (3) Section 3 of this Part applies where— (a) a party wants to appeal to the High Court against an order by the magistrates’ court or by the Secretary of State; and (b) a party to an appeal to the High Court wants to appeal further to the Supreme Court under— (i) section 32 of the Act (appeal under Part 1 of the Act), or (ii) section 114 of the Act (appeal under Part 2 of the Act). (4) Section 4 of this Part applies to proceedings in a magistrates’ court under— (a) sections 54 and 55 of the Act (Request for consent to other offence being dealt with; Questions for decision at consent hearing); and (b) sections 56 and 57 of the Act (Request for consent to further extradition to category 1 territory; Questions for decision at consent hearing). (5) In this Part, and for the purposes of this Part in other rules— (a) ‘magistrates’ court’ means a District Judge (Magistrates’ Courts) exercising the powers to which Section 2 of this Part applies; (b) ‘presenting officer’ means an officer of the National Crime Agency, a police officer, a prosecutor or other person representing an authority or territory seeking the extradition of a defendant; and (c) ‘defendant’ means a person arrested under Part 1 or Part 2 of the Extradition Act 2003. [Note. The Extradition Act 2003 provides for the extradition of a person accused or convicted of a crime to the territory within which that person is accused, was convicted or is to serve a sentence. Under Part 1 of the Act (sections 1 to 68), the magistrates’ court may give effect to a warrant for arrest issued by an authority in a territory designated for the purposes of that Part. Under Part 2 of the Act (sections 69 to 141), the magistrates’ court and the Secretary of State may give effect to a request for extradition made under a treaty between the United Kingdom and the requesting territory. Under sections 67 and 139 of the Extradition Act 2003, a District Judge (Magistrates’ Courts) must be designated for the purposes of the Act to exercise the powers to which Section 2 of this Part applies. There are rights of appeal to the High Court from decisions of the magistrates’ court and of the Secretary of State: see Section 3 of this Part.]
Propose a changeWhen exercising a power to which this Part applies, as well as furthering the overriding objective, in accordance with rule 1.3, the court must have regard to the importance of— (a) mutual confidence and recognition between judicial authorities in the United Kingdom and in requesting territories; and (b) the conduct of extradition proceedings in accordance with international obligations, including obligations to deal swiftly with extradition requests.
Propose a change(1) The general rule is that the magistrates’ court must exercise its powers at a hearing in public, but— (a) that is subject to any power the court has to— (i) impose reporting restrictions, (ii) withhold information from the public, or (iii) order a hearing in private; and (b) despite the general rule the court may, without a hearing— (i) give any directions to which rule 50.4 applies (Case management in the magistrates’ court and duty of court officer), or (ii) determine an application which these Rules allow to be determined by a magistrates’ court without a hearing in a case to which this Part does not apply. (2) If the court so directs, a person must attend a hearing by live link. (3) Where the defendant is absent from a hearing— (a) the general rule is that the court must proceed as if the defendant— (i) were present, and (ii) opposed extradition on any ground of which the court has been made aware; (b) the general rule does not apply if the defendant is under 18; (c) the general rule is subject to the court being satisfied that— (i) the defendant had reasonable notice of where and when the hearing would take place, (ii) the defendant has been made aware that the hearing might proceed in his or her absence, and (iii) there is no good reason for the defendant’s absence; and (d) the general rule does not apply but the court may exercise its powers in the defendant’s absence where— (i) the court discharges the defendant, (ii) the defendant is represented and the defendant’s presence is impracticable by reason of his or her ill health or disorderly conduct, or (iii) on an application under rule 50.32 (Application for consent to deal with another offence or for consent to further extradition), the defendant is represented or the defendant’s presence is impracticable by reason of his or her detention in the territory to which he or she has been extradited. (4) The court may exercise its power to adjourn— (a) if either party asks, or on its own initiative; and (b) in particular— (i) to allow there to be obtained information that the court requires, (ii) following a provisional arrest under Part 1 of the Extradition Act 2003, pending receipt of the warrant, (iii) following a provisional arrest with a warrant under Part 2 of the Act, pending receipt of the extradition request, (iv) following a provisional arrest without a warrant under Part 2 of the Act, pending receipt of evidence or information required by the court, (v) if the court is informed that the defendant is serving a custodial sentence in the United Kingdom, (vi) if it appears to the court that the defendant is not fit to be extradited, unless the court discharges the defendant for that reason, (vii) where a court dealing with a warrant to which Part 1 of the Act applies is informed that another such warrant has been received in the United Kingdom, (viii) where a court dealing with a warrant to which Part 1 of the Act applies is informed of a request for the temporary transfer of the defendant to the territory to which the defendant’s extradition is sought, or a request for the defendant to speak to the authorities of that territory, or (ix) during a hearing to which rule 50.32 applies (Application for consent to deal with another offence or for consent to further extradition). (5) The court must exercise its power to adjourn if informed that the defendant has been charged with an offence in the United Kingdom. (6) The general rule is that, before exercising a power to which this Part applies, the court must give each party an opportunity to make representations, unless that party is absent without good reason. (7) The court may— (a) shorten a time limit or extend it (even after it has expired), unless that is inconsistent with other legislation; (b) direct that a notice or application be served on any person; and (c) allow a notice or application to be in a different form to one issued under the Practice Direction, or to be presented orally. (8) A party who wants an extension of time within which to serve a notice or make an application must— (a) apply for that extension of time when serving that notice or making that application; and (b) give the reasons for the application for an extension of time. [Note. See sections 8A, 8B, 9, 21B, 22, 23, 25 and 44 of the Extradition Act 2003 (powers in relation to extradition under Part 1 of the Act) and sections 76A, 76B, 77, 88, 89 and 91 of the Act (powers in relation to extradition under Part 2 of the Act). Under sections 9 and 77 of the Act, at the extradition hearing the court has the same powers (as nearly as may be) as a magistrates’ court would have if the proceedings were the summary trial of an allegation against the defendant: see also rule 24.12(3) (Trial and sentence in a magistrates’ court; procedure where the defendant is absent). Under sections 206A to 206C of the 2003 Act, the court may require a person to attend a hearing by live link. See also rules 3.35 to 3.39 about live links. Part 6 contains rules about reporting and access restrictions. Part 14 contains rules about bail. Rules 14.2(3) and 14.7(7)(c) allow an application to be determined without a hearing in the circumstances to which those rules apply. The principal time limits are prescribed by the Extradition Act 2003: see rule 50.16.]
Propose a change(1) The magistrates’ court and the parties have the same duties and powers as under Part3 (Case management), subject to— (a) rule 50.2 (Special objective in extradition proceedings); and (b) paragraph (2) of this rule. (2) Rule 3.6 (Application to vary a direction) does not apply to a decision to extradite or discharge. (3) Where this rule applies, active case management by the court includes— (a) if the court requires information from the authorities in the requesting territory— (i) nominating a court officer, the designated authority which certified the arrest warrant where Part 1 of the Extradition Act 2003 Act applies, a party or other person to convey that request to those authorities, and (ii) in a case in which the terms of that request need to be prepared in accordance with directions by the court, giving such directions accordingly; and (b) giving such directions as are required where, under section 21B of the Extradition Act 2003, the parties agree— (i) to the temporary transfer of the defendant to the requesting territory, or (ii) that the defendant should speak with representatives of an authority in that territory. (4) Where this rule applies, active assistance by the parties includes— (a) applying for any direction needed as soon as reasonably practicable; and (b) concisely explaining the reasons for any application for the court to direct— (i) the preparation of a request to which paragraph (3)(a) applies, or (ii) the making of arrangements to which paragraph (3)(b) applies. (5) Where this rule applies, active assistance by the presenting officer includes— (a) taking reasonable steps to ensure that the defendant will be able to understand (with help, if necessary)— (i) what is alleged by the warrant, if Part 1 of the 2003 Act applies, or (ii) the content of the extradition request, if Part 2 of the Act applies; and (b) providing in writing identification of the equivalent offence or offences under the law of England and Wales for the conduct being relied on if— (i) this is raised for the defence as an issue and the court considers it necessary to identify the equivalent offence or offences in writing, or (ii) the defendant is not represented. (6) The court officer must— (a) as soon as practicable, serve notice of the court’s decision to extradite or discharge— (i) on the defendant, (ii) on the designated authority which certified the arrest warrant, where Part 1 of the 2003 Act applies, and (iii) on the Secretary of State, where Part 2 of the Act applies; and (b) give the court such assistance as it requires. [Note. Part 3 contains rules about case management which apply at an extradition hearing and during preparation for that hearing. This rule must be read in conjunction with those rules. Under section 21B of the Extradition Act 2003 (Request for temporary transfer etc.), where Part 1 of the Act applies, and in the circumstances described in that section, the parties may agree to the defendant’s temporary transfer to the requesting territory, or may agree that the defendant will speak to representatives of an investigating, prosecuting or judicial authority in that territory. On the making by a party of a request to such effect the court must if necessary adjourn the proceedings for 7 days while the other party considers it. If the parties then agree to proceed with the proposed transfer or discussion the court must adjourn the proceedings for however long seems necessary.]
Propose a change(1) This rule applies where the defendant is first brought before the court after— (a) arrest under a warrant to which Part 1 of the Extradition Act 2003 applies; or (b) provisional arrest under Part 1 of the Act. (2) The presenting officer must— (a) serve on the court officer— (i) the arrest warrant, and (ii) a certificate, given by the authority designated by the Secretary of State, that the warrant was issued by an authority having the function of issuing such warrants in the territory to which the defendant’s extradition is sought; or (b) apply at once for an extension of time within which to serve that warrant and that certificate. (3) An application under paragraph (2)(b) must— (a) explain why the requirement to serve the warrant and certificate at once could not reasonably be complied with; and (b) include— (i) any written material in support of that explanation, and (ii) representations about bail pending service of those documents. (4) When the presenting officer serves the warrant and certificate, in the following sequence the court must— (a) decide whether the defendant is the person in respect of whom the warrant was issued; (b) explain, in terms the defendant can understand (with help, if necessary)— (i) the allegation made in the warrant, and (ii) that the defendant may consent to extradition, and how that may be done and with what effect; (c) give directions for an extradition hearing to begin— (i) no more than 21 days after the defendant’s arrest, or (ii) if either party so applies, at such a later date as the court decides is in the interests of justice; (d) consider any ancillary application, including an application about bail pending the extradition hearing; and (e) give such directions as are required for the preparation and conduct of the extradition hearing. [Note. See sections 4, 6, 7 and 8 of the Extradition Act 2003. Under section 6 of the Act, following a provisional arrest pending receipt of a warrant the defendant must be brought before the court within 48 hours, and the warrant and certificate must be served within that same period. If they are not so served, the court may extend the time for service by a further 48 hours. Under section 45 of the Act, a defendant’s consent to extradition must be given before the court, must be recorded in writing, and is irrevocable. Consent may not be given unless the defendant has a legal representative with him or her when giving consent, or the defendant has failed or refused to apply for legal aid, or legal aid has been refused or withdrawn. Part 14 contains rules about bail.]
Propose a change(1) This rule applies at the extradition hearing arranged by the court under rule 50.5. (2) In the following sequence, the court must decide— (a) whether the offence specified in the warrant is an extradition offence; (b) whether a bar to extradition applies, namely— (i) the rule against double jeopardy, (ii) absence of prosecution decision, (iii) extraneous considerations, (iv) the passage of time, (v) the defendant’s age, (vi) speciality, (vii) earlier extradition or transfer to the United Kingdom, or (viii) forum; (c) where the warrant alleges that the defendant is unlawfully at large after conviction, whether conviction was in the defendant’s presence and if not— (i) whether the defendant was absent deliberately, and (ii) if the defendant was not absent deliberately, whether the defendant would be entitled to a retrial (or to a review of the conviction, amounting to a retrial); (d) whether extradition would be— (i) compatible with the defendant’s human rights, and (ii) proportionate; (e) whether it would be unjust or oppressive to extradite the defendant because of his or her physical or mental condition; (f) after deciding each of (a) to (e) above, before progressing to the next, whether to order the defendant’s discharge; and (g) whether to order the temporary transfer of the defendant to the territory to which the defendant’s extradition is sought. (3) If the court discharges the defendant, the court must consider any ancillary application, including an application about— (a) reporting restrictions; or (b) costs. (4) If the court does not discharge the defendant, the court must— (a) exercise its power to order the defendant’s extradition; (b) explain, in terms the defendant can understand (with help, if necessary), that the defendant may appeal to the High Court within the next 7 days; and (c) consider any ancillary application, including an application about— (i) bail pending extradition, (ii) reporting restrictions, or (iii) costs. (5) If the court orders the defendant’s extradition, the court must order its postponement where— (a) the defendant has been charged with an offence in the United Kingdom; or (b) the defendant has been sentenced to imprisonment or detention in the United Kingdom. [Note. See sections 10, 11, 20, 21, 21B, 25, 26, 36A, 36B, 64 and 65 of the Extradition Act 2003. Part 6 contains rules about reporting restrictions. Part 45 contains rules about costs.]
Propose a change(1) This rule applies where the authority that certified the warrant gives the court officer notice that the warrant has been withdrawn— (a) after the start of the hearing under rule 50.5; and (b) before the court orders the defendant’s extradition or discharge. (2) The court must exercise its power to discharge the defendant. [Note. See section 41 of the Extradition Act 2003.]
Propose a change(1) This rule applies where the Secretary of State serves on the court officer— (a) an extradition request to which Part 2 of the Extradition Act 2003 applies; (b) a certificate given by the Secretary of State that the request was received in the way approved for the request; and (c) a copy of any Order in Council which applies to the request. (2) In the following sequence, the court must decide— (a) whether the offence in respect of which extradition is requested is an extradition offence; and (b) whether there is sufficient evidence, or (where the Secretary of State has so ordered, for this purpose) information, to justify the issue of a warrant of arrest. (3) The court may issue an arrest warrant— (a) without giving the parties an opportunity to make representations; and (b) without a hearing, or at a hearing in public or in private. [Note. See sections 70, 71, 137 and 138 of the Extradition Act 2003.]
Propose a change(1) This rule applies where a defendant is first brought before the court after arrest under a warrant to which rule 50.8 applies. (2) In the following sequence, the court must— (a) explain, in terms the defendant can understand (with help, if necessary)— (i) the content of the extradition request, and (ii) that the defendant may consent to extradition, and how that may be done and with what effect; (b) arrange for an extradition hearing to begin— (i) no more than 2 months later, or (ii) if either party so applies, at such a later date as the court decides is in the interests of justice; (c) consider any ancillary application, including an application about bail pending the extradition hearing; and (d) give any direction as is appropriate to the needs of the case about the introduction of evidence at the extradition hearing. [Note. See sections 72 and 75 of the Extradition Act 2003. Under section 127 of the 2003 Act a defendant’s consent to extradition must be given before the court, must be recorded in writing, and is irrevocable. Consent may not be given unless the defendant has a legal representative with him or her when giving consent, or the defendant has failed or refused to apply for legal aid, or legal aid has been refused or withdrawn. Part 14 contains rules about bail.]
Propose a change(1) This rule applies where a presenting officer wants a justice of the peace to issue a provisional arrest warrant under Part 2 of the Extradition Act 2003, pending receipt of an extradition request. (2) The presenting officer must— (a) serve an application for a warrant on the court officer; and (b) verify that application on oath or affirmation. (3) In the following sequence, the justice must decide— (a) whether the alleged offence is an extradition offence; and (b) whether there is sufficient evidence, or (where the Secretary of State has so ordered, for this purpose) information, to justify the issue of a warrant of arrest. [Note. See sections 73, 137 and 138 of the Extradition Act 2003.]
Propose a change(1) This rule applies where a defendant is first brought before the court after arrest— (a) under a provisional arrest warrant to which rule 50.10 applies; or (b) under section 74A of the Extradition Act 2003, without a warrant. (2) Where paragraph (1)(b) applies the court must first— (a) on the basis of such evidence or information as is produced to the court, decide whether a warrant to which rule 50.10 applies would be issued if the defendant were not already under arrest; and (b) if no such warrant would be issued, order the defendant’s discharge. (3) Unless the court orders the defendant’s discharge under paragraph (2), the court must— (a) explain, in terms the defendant can understand (with help, if necessary)— (i) the allegation in respect of which the defendant has been arrested, and (ii) that the defendant may consent to extradition, and how that may be done and with what effect; and (b) consider any ancillary application, including an application about bail pending receipt of the extradition request. [Note. See sections 74, 74A, 74B, 74C, 74D and 74E of the Extradition Act 2003. Under section 127 of the Act, a defendant’s consent to extradition must be given before the court, must be recorded in writing, and is irrevocable. Consent may not be given unless the defendant has a legal representative with him or her when giving consent, or the defendant has failed or refused to apply for legal aid, or legal aid has been refused or withdrawn.]
Propose a change(1) This rule applies when the Secretary of State serves on the court officer— (a) a request for extradition in respect of which a defendant has been arrested— (i) under a provisional arrest warrant to which rule 50.10 applies, or (ii) under section 74A of the Extradition Act 2003, without a warrant; (b) a certificate given by the Secretary of State that the request was received in the way approved for the request; and (c) a copy of any Order in Council which applies to the request. (2) Unless a time limit for service of the request has expired, the court must— (a) give directions for an extradition hearing to begin— (i) no more than 2 months after service of the request, or (ii) if either party so applies, at such a later date as the court decides is in the interests of justice; (b) consider any ancillary application, including an application about bail pending the extradition hearing; and (c) give such directions as are required for the preparation and conduct of the extradition hearing. [Note. See section 76 of the Extradition Act 2003.]
Propose a change