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The Extradition (British Antarctic Territory) (Commonwealth Countries, Colonies and Republic of Ireland) Order 1992

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Application for habeas corpus, etc.

11.—(1) Where a person is committed under section 9 above, the court shall inform him in ordinary language of his right to make an application for habeas corpus, and shall forthwith give notice of the committal to the Commissioner.

(2) A person committed shall not be returned—

(a)in any case, until the expiration of the period of 15 days beginning with the day on which the order for his committal is made;

(b)if an application for habeas corpus is made in his case, so long as proceedings on that application are pending.

(3) Without prejudice to any jurisdiction of the Supreme Court apart from this section, the court shall order the applicant’s discharge if it appears to the court in relation to the offence, or each of the offences, in respect of which the applicant’s return is sought that—

(a)by reason of the trivial nature of the offence; or

(b)by reason of the passage of time since he is alleged to have committed it or to have become unlawfully at large, as the case may be; or

(c)because the accusation against him is not made in good faith in the interests of justice,

  • it would, having regard to all the circumstances, be unjust or oppressive to return him.

(4) On any such application the court may receive additional evidence relevant to the exercise of its jurisdiction under section 6 above or subsection (3) above.

(5) Proceedings on an application for habeas corpus shall be treated for the purposes of this section as pending (unless they are discontinued) until (disregarding any power of a court to grant leave to appeal out of time and the power of Her Majesty to grant special leave to appeal to Her Majesty in Council) there is no further possibility of an appeal.

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