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In force2024 Revised Edition
Contents

Part 2

14. Determination for surrender

(1)

A magistrate shall not determine that a person should be surrendered and ordered to be held in custody until the Attorney General has made a decision under section 17, unless the magistrate is satisfied —

(a)

that the requesting country is an extradition country;

(b)

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

(c)

as to the identity of that person;

(d)

that the supporting documents (as defined in section 15(1))

have been produced to the magistrate;

(e)

that the supporting documents satisfy the requirements of section 15; and

(f)

that surrender should not be refused because the person sought has established an extradition objection.

(2)

If the magistrate orders that the person be held in custody, he shall —

(a)

by a warrant, order that he be committed to prison to await the Attorney General’s decision under section 17;

(b)

inform him that he may, within 15 days after the day on which the order is made, seek a review of the order under section 16(1);

Extradition

(c)

record in writing his decision and the extradition offence for which he should be surrendered; and

(d)

give a copy of the decision to him and to the

Attorney General.

(3)

If —

(a)

the magistrate orders that he be held in custody; and

(b)

the requesting country has asked that he also be surrendered for another offence that is not an extradition offence, the magistrate shall ask him whether he also consents to being surrendered for that other offence.

(4)

If the magistrate determines that he should not be surrendered to the requesting country, the magistrate shall —

(a)

order that he be released; and

(b)

inform the Attorney General in writing of the order and of the reasons for determining that he should not be surrendered.

Report

Part

To Commonwealth Countries

Part 4

Part

To Treaty Countries

Part

To Other Countries

Part

Search, Seizure and Transit

Part

Extradition to Brunei Darussalam

Part

General

Schedules