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Extradition Act 2003

Section 79: Bars to extradition

236.This section provides for the bars to extradition under this Part of the Act. The judge must consider whether any of these bars prevent the extradition of the person and order the person's discharge if any of the bars are applicable.

237.Subsection (1) requires the judge to decide whether extradition is barred by:

  • the rule against double jeopardy;

  • extraneous considerations;

  • the passage of time;

  • hostage-taking considerations.

238.Sections 80 to 83 below explain what is meant by each bar (subsection (2)). Subsection (3) requires the judge to order the person's discharge if any of the bars in subsection (1) apply. If none of them applies the judge must proceed under the provisions of section 84 (in an accusation case) or section 85 (in a conviction case) (subsections (4) and (5)).

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