Quick answer: Provisional arrest is a temporary detention, made while a formal extradition request is prepared, usually triggered by a Red Notice, Diffusion, or EAW. The first 48 hours typically involve an initial court appearance, a bail decision, and the start of the clock on how long the requesting country has to submit a full request.
Why Provisional Arrest Happens Before a Full Request
Extradition requests take time to prepare — formal documentation, translated materials, and legal certification. Provisional arrest exists so a person can be detained immediately, based on an Interpol notice or similar alert, while that fuller paperwork is assembled.
What Typically Happens, Hour by Hour
- Arrest and initial processing. Identity is confirmed and the basis for detention explained, at least in outline.
- First court appearance. Usually within 24 to 48 hours — typically procedural, not a hearing on the merits.
- Bail decision. Courts vary considerably; some apply a presumption against bail for extradition arrests.
- The clock starts running. Most treaties impose a deadline — commonly 40 to 60 days — for the full request to be filed, or the person is typically released.
Decisions That Matter Most Early On
What is said, or not said, in the first court appearance can affect the entire case — whether to contest identification, whether to apply for bail, and whether to begin challenging the underlying notice in parallel with the extradition proceedings themselves.
Some people, hoping to resolve matters quickly, agree to expedited surrender procedures without fully understanding the consequences — including, in some systems, giving up rights they'd otherwise have to later challenge the extradition.
This article is provided for general informational purposes only and does not constitute legal advice. Outcomes depend on the specific facts of a case and the jurisdictions involved. Readers facing an actual or anticipated matter should seek advice from qualified counsel before making decisions.