Extradition Act 2003 Explanatory Notes

Section 206: Burden and standard of proof

585.This section provides that, where a question arises concerning the burden or standard of proof during extradition proceedings under this Act, it must be decided through the application of existing law in criminal procedures (subsections (1) and (2)). Where this situation arises, the law is to be applied as if the person were accused of a criminal offence and the requesting territory were the prosecution (subsection (3)).

586.However, subsection (4) provides that this rule is subject to any express provisions of this Act. (See, for example, section 7(3).)

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