2. Arrest and remand on provisional arrest warrant
28. (1) A person arrested under a provisional arrest warrant must be brought before a magistrate as soon as practicable.
(2) The magistrate must:
(a) remand the person in custody; or
(b) if the magistrate is satisfied that the person is unlikely to abscond—remand the person on bail;
until the Pacific Island country produces the original warrant on which the provisional arrest warrant was based.
(3) A magistrate who remands a person on bail:
(a) has the same powers in relation to recognisances and reporting conditions as he or she has under the criminal laws of Kiribati; and
(b) may order that the person's passport and other travel documents be surrendered to the court until the extradition proceedings in relation to the person are concluded.
(4) A person must not be remanded in custody or on bail for a period longer than 28 days.
1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.
2. The request for provisional arrest shall be made by any medium capable of delivering a written record and shall contain:
(a) Information describing the person sought, sufficient to identify the person, and information as to that person's probable location;
(b) A concise statement of the crimes for which the person's arrest is sought and of the facts which are alleged to constitute those crimes, including, where possible, the date and location of the crime;
(c) A statement of the existence of a warrant of arrest or a judgement of conviction against the person sought; and
(d) A statement that a request for surrender of the person sought will follow.
3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.
4. The fact that the person sought has been released from custody pursuant to paragraph 3 shall not prejudice the subsequent arrest and surrender of that person if the request for surrender and the documents supporting the request are delivered at a later date.