WARRANTS OTHER THAN PROVISIONAL
PROVISIONAL WARRANTS (CLAUSE 4)
23.
SEA TOTS A KIDSON KUPNIKINIKENAK
(CLAUSE 3)
The Scheme provides for the arrest of a fugitive if a warrant has been issued in the requesting State, has either been endorsed or a full warrant issued. Clause 4 provides for the issue of a provisional warrant on the same basis as would justify the issue of a warrant for an offence committed within the jurisdiction of that country.
24. Professor Shearer notes that these provisions give rise to no particular problems but suggests statutory recognition of Interpol Red Individual Notices as sufficient for provisional arrest.
UK POSITION
25. Section 6(1) of the 1967 Act provides for the issue of (a) full warrants upon receipt of the Authority to proceed (ATP) and (b) a provisional warrant; the magistrate has discretion to issue a warrant on such evidence as would authorise the issue of a warrant for a corresponding offence within his jurisdiction.
The magistrate is under no obligation to issue a provisional warrant and is able to refer cases back and insist on an application for extradition being made accompanied by full papers. We have no reason to believe that the system does not work effectively and the Bow Street Magistrates are prepared to issue provisional warrants on the basis of an Interpol Notice provided it contains the essential information (eg the fact that a warrant of arrest has been issued by a judge or magistrate, information about the alleged offence and evidence of identity) required: if there is insufficient evidence then it is usual for the police to seek further details through Interpol channels.
LINE TO TAKE
26. It is for the magistrate to determine whether, on the evidence provided, a warrant may properly be issued. Magistrates are prepared to accept Interpol Notices provided they contain a sufficiency of information. We believe that the system operates efficiently and would see no reason to propose any change. We have not experienced any difficulties with other Commonwealth countries.
7