The Schedule: Power of arrest for extradition purposes Part 1 – Main Amendments to the Extradition Act 2003 Section 74E
This section sets out how the judge must proceed if he or she decides that a warrant would be issued under section 73 of the 2003 Act if the person were not already under arrest. New section 74E closely mirrors section 74(7) to (11) of the 2003 Act, concerning the procedure to be followed by the appropriate judge in respect of a person arrested under a provisional warrant. This reflects that the fact a person to whom new section 74E applies is in an analogous position to a person arrested pursuant to a provisional warrant.
	Subsection (1) requires the judge to inform the person of the basis on which they are wanted, to give them the required information about consent to extradition, and to remand them in custody or release on bail. Subsection (2) sets out the necessary information about consent to extradition. Provision regarding consent to extradition can be found in sections 127 and 128 of the 2003 Act. Section 127, as amended by this Act, provides that a person arrested under new section 74A may consent to their extradition, subject to certain criteria (including legal representation at the time of consent) being met.
	Subsection (3) sets out that, if the judge chooses to remand the person in custody, he or she may later decide to grant bail.
	Subsection (4) provides that the judge must order the person’s discharge if the judge does not receive the full request for extradition and the certificate issued in respect of that extradition request under section 70 of the 2003 Act (together, these constitute the documents referred to in section 70(9) of the 2003 Act) within the required time-frame as defined in section 74(11) of the 2003 Act. The required time-frame is 45 days, starting with the day on which the person was arrested, or a longer period if the Secretary of State has so provided when designating a territory as a category 2 territory by order.
	Paragraph 3 inserts new Schedule A1, which lists the specified category 2 territories, into Part 2 of the 2003 Act. The significance of Schedule A1 lies in the fact that, under new section 74B(1), a certificate may only be issued in relation to a person for the purposes of the new power of arrest if, among other criteria, the request for their arrest is made by an authority of a specified category 2 territory. The category 2 territories specified in new Schedule A1 are Australia, Canada, Liechtenstein, New Zealand, Switzerland and the United States of America.
	Paragraph 4 amends the list of territories in new Schedule A1, to also include the EU Member States, Norway and Iceland. This provision will only take effect if those territories are made category 2 territories under the 2003 Act (section 2(4) of the Act) and is repealed at the end of 2021 to the extent that it has not been commenced. The practical effect of this is that the territories will become specified category 2 territories only in the event that the UK does not agree a new extradition relationship with the EU (or Norway and Iceland) by 31 December 2020, the end of the Transition Period.
	Paragraph 6 allows a certificate to be issued under new section 74B in respect of a request for arrest made before the Act is enacted, with the effect that the new power of arrest can apply in relation to such requests.