Arrest without a warrant under Part 2 of the Extradition Act 2003
Arrest without a warrant under Part 2 of the Extradition Act 2003

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Arrest without a warrant under Part 2 of the Extradition Act 2003
  • The Extradition (Provisional Arrest) Act 2020
  • Interpol Red Notices
  • Safeguards
  • Valid request
  • Specified category 2 territory
  • Specified statement and information
  • Domestic warrant or conviction in the requesting territory
  • Appropriate to issue the certificate
  • Person arrested may only be arrested once on the certificate
  • More...

The Extradition (Provisional Arrest) Act 2020

On 22 October 2020, the Extradition (Provisional Arrest) Act 2020 (E(PA)A 2020) became part of the UK law. The relevant provisions came into force on IP completion day.

The drawing up of the powers under the E(PA)A 2020 took place when the UK decided to leave the EU. The consequence of the UK’s departure from the EU included that it would no longer be part of the European Arrest Warrant (EAW) system and therefore officers would no longer be able to provisionally arrest a person in response to a request from an EU Member State under Part 1 of the Extradition Act 2003 (EA 2003). E(PA)A 2020 provides a mechanism for bridging this gap.

Briefly, (by inserting section 74A into EA 2003) it provides constables, customs officers and service policemen with a power of provisional arrest without a warrant, for the purpose of extraditing people for serious offences to specified countries on the basis that a certificate has been issued in respect of the person under the procedure set out in EA 2003, s 74B.

A constable or customs officer may exercise this power in any part of the United Kingdom, a service policeman may exercise the power anywhere, but only in relation to a person who is subject to service law or is a civilian subject to service discipline.

The premise

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