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

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Proceedings for committal.

9.—(1) A person arrested in pursuance of a warrant under section 8 above shall (unless previously discharged under subsection (4) of that section) be brought as soon as practicable before a court (in this Act referred to as “the court of committal”) consisting of a magistrate holding a Summary Court.

(2) For the purposes of proceedings under this section a court of committal shall have the like jurisdiction and powers, as nearly as may be, including power to remand in custody or on bail, as a Summary Court sitting in committal proceedings (as defined in section 2(2) of the Summary Courts (Criminal Proceedings) Ordinance 1990(1).)

(5) Where the person arrested is in custody by virtue of a provisional warrant and no authority to proceed has been received in respect of him, the court of committal may fix a period (of which the court shall give notice to the Commissioner) after which he will be discharged from custody unless such an authority has been received.

(8) Where an authority to proceed has been issued in respect of the person arrested and the court of committal is satisfied, after hearing any representations made in support of the extradition request or on behalf of that person, that the offence to which the authority relates is an extradition crime, and is further satisfied—

(a)where that person is accused of the offence, that the evidence would be sufficient to warrant his trial if the extradition crime had taken place within the Territory;

(b)where that person is alleged to be unlawfully at large after conviction of the offence, that he has been so convicted and appears to be so at large,

  • the court, unless his committal is prohibited by any other provision of this Act, shall commit him to custody or on bail—

    (i)

    to await the Commissioner’s decision as to his return; and

    (ii)

    if the Commissioner decides that he shall be returned, to await his return.

(9) If the court commits a person under subsection (8) above, it shall issue a certificate of the offence against the law of the Territory which would be constituted by his conduct.

(10) If the court commits a person to custody in the exercise of that power, it may subsequently grant bail if it considers it appropriate to do so.

(11) If—

(a)the court is not satisfied as mentioned in subsection (8) above in relation to the person arrested; or

(b)his committal is prohibited by a provision of this Act,

  • it shall discharge him.

(1)

Ordinance No. 6 of 1990.

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