No.5 Warrant of Interest-(provisional arrest)-The High Court-Section 27(1) of the Extradition Act 1965*

What this form is for

• • Use when seeking a provisional arrest before formal extradition proceedings.
• • Do not use for ordinary criminal warrants – those have separate forms.
• • Applicable only for requests under the Extradition Act 1965, not for EU surrender procedures.
• • Use when the person is not yet in custody and the State needs court{’}s authority to detain them.
• • Required when the extradition request originates from a non‑EU country.

Use this form or another form?

Deadline or filing window

The warrant must be filed before any physical arrest is attempted, typically within a few days of receiving the extradition request.

Before you submit

• • All names spelled exactly as on passports or identity documents.
• • Section 27(1) reference included in the heading.
• • Foreign extradition request attached.
• • Supporting evidence (e.g., charge sheet, evidence summary) attached.
• • Form signed by the authorised State officer.
• • Date entered correctly.
• • Correct High Court office address used.
• • Copy retained for State records.
• • Cover letter included (if required).
• • Postage or electronic confirmation of receipt obtained.

How to file this form

1. 1Prepare the supporting extradition request and evidence.
2. 2Complete Form No.5 with accurate details.
3. 3Attach all required documents.
4. 4Sign and date the form.
5. 5Deliver the package to the High Court Registrar in person or by post.
6. 6Obtain a receipt or acknowledgement of filing.
7. 7Notify the relevant law enforcement agency of the provisional arrest authority.

Known limitations

• • Only applicable to extradition requests under the 1965 Act, not EU surrender.
• • Cannot be used if the person is already in custody.
• • Requires a valid foreign request; the form does not create a request.
• • Submission may be refused if any mandatory attachment is missing.