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

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Effect of delay

Discharge in case of delay.

16.—(1) If a person committed under section 9 above is still in the Territory after the expiration of the relevant period, he may apply to the Supreme Court for his discharge.

(2) Unless he has instituted proceedings for judicial review of the Commissioner’s decision to order his return, the relevant period is—

(a)the period of two months beginning with the first day on which, having regard to section 11(2) above, he could have been returned;

(b)where a warrant for his return has been issued under section 12 above, the period of one month beginning with the day on which that warrant was issued.

(3) If he has instituted such proceedings, the relevant period is the period expiring one month after they end.

(4) Proceedings for judicial review end for the purposes of this section—

(a)if they are discontinued, on the day of discontinuance; and

(b)if they are determined, on the day on which (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.

(5) If upon an application under this section the court is satisfied that reasonable notice of the proposed application has been given to the Commissioner, the court may, unless sufficient cause is shown to the contrary, by order direct the applicant to be discharged and, if a warrant for his return has been issued under section 12 above, quash that warrant.

Custody.

17.—(1) Any person remanded or committed to custody under this Part of this Act may for that purpose be dealt with in like manner as a person charged with an offence before the court of committal.

(2) If any person who is in custody by virtue of a warrant under this Act escapes out of custody, he may be retaken in like manner as a person escaping from custody under a warrant for his arrest in respect of an offence.

(3) Where a person, being in custody in any part of the Territory whether under this Part of this Act or otherwise, is required to be removed in custody under this Act to another part of the Territory and is so removed by sea or by air or, without prejudice to any provision in that behalf of the Falkland Islands Courts (Overseas Jurisdiction) Order 1989(1), where such a person is so required to be removed to the Falkland Islands, he shall be deemed to continue in legal custody until he reaches the place to which he is required to be moved.

(4) A warrant for the return of any person shall be sufficient authority for all persons to whom it is directed and all constables or public officers to receive that person, keep him in custody and convey him into the jurisdiction to which he is to be returned.

(1)

S.I. 1989/2399.

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