Extradition Act · s 9

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9.
Authority to proceed
(1) An extradition request shall be made to the Attorney General by a diplomatic officer, consular officer or a Minister of the requesting state.
Upon receipt of such request, the Attorney General may —
(a) issue an authority to proceed if he is satisfied that —
(i) the offence for which extradition is sought is an extradition offence;
(ii) the requesting country is an extradition country;
(iii) there is nothing in section 17 or any other written law that would preclude surrender of that person;
(iv) there is no other reason why the authority to proceed should not be issued;
(b) give the authority to proceed to a magistrate;
(c) provide a copy of the authority to proceed and the extradition request to the person concerned.
(2) If the Attorney General does not issue an authority to proceed, he shall inform a magistrate of this and the magistrate shall order —
(a) such person to be released; or
(b) the discharge of the sureties for the bail.
(3) If an authority to proceed is received by a magistrate in relation to a person who has not been arrested under a provisional arrest warrant, the magistrate shall issue a warrant, in accordance with Form 7 of Schedule 4, for the arrest of that person.

Extradition 18

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s 9Authority to proceed

(1)

An extradition request shall be made to the Attorney General by a diplomatic officer, consular officer or a Minister of the requesting state.

Upon receipt of such request, the Attorney General may —

(a)

issue an authority to proceed if he is satisfied that —

(i)

the offence for which extradition is sought is an extradition offence;

(ii)

the requesting country is an extradition country;

(iii)

there is nothing in section 17 or any other written law that would preclude surrender of that person;

(iv)

there is no other reason why the authority to proceed should not be issued;

(b)

give the authority to proceed to a magistrate;

(c)

provide a copy of the authority to proceed and the extradition request to the person concerned.

(2)

If the Attorney General does not issue an authority to proceed, he shall inform a magistrate of this and the magistrate shall order —

(a)

such person to be released; or

(b)

the discharge of the sureties for the bail.

(3)

If an authority to proceed is received by a magistrate in relation to a person who has not been arrested under a provisional arrest warrant, the magistrate shall issue a warrant, in accordance with Form 7 of Schedule 4, for the arrest of that person.

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