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Every such order shall recite or einbody the terms of the arrangement, and shall not remain in force for any longer period than the arrangement.
Every such order shall be laid before both Hlouses of Parliament within six weeks after it is made, or, if Parliament be not then sitting, within six weeks after the then next meeting of Parliament, and shall also be published in the London Gazette.
Restrictions 3. The following restrictions shall be observed with on surrender of criminals. respect to the surrender of fugitive criminals :
(1.) A fugitive criminal shall not be surrendered if the
offence in respect of which his surrender is demanded is one of a political character, or if he prove to the satisfaction of the Police Magistrate or the court before whom he is brought on habeas corpus, or to the Secretary of State, that the requisition for his surrender has in fact been made with a view to try or punish him for an offence of a political character:
(2.) A fugitive criminal shall not be surrendered to a
foreign State unless provision is made by the law of that State, or by arrangement, that the fugitive criminal shall not, until he has been restored or had an opportunity of returning to Her Majesty's dominions, be detained or tried in that foreign State for any offence committed prior to his surrender other than the extradition crime proved by the facts on which the surrender is grounded :
(3.) A fugitive criminal who has been accused of some
offence within English jurisdiction, not being the offence for which his surrender is asked, or is undergoing sentence under any conviction in the United Kingdom, shall not be surrendered until after he has been discharged, whether by acquittal or on expiration of his sentence or otherwise :
(4.) A fugitive criminal shall not be surrendered until the
expiration of fifteen days from the date of his being committed to prison to await his surrender.
Provisions of 4. An Order in Council for applying this Act in the case arrangements of any foreign State shall not be made unless the arrangement
(1.) Provides for the determination of it by either party to
it after the expiration of a notice not exceeding one
(2.) Is in conformity with the provisions of this Act, and
in particular with the restrictions on the surrender of
fugitive criminals contained in this Act. 5. When an order applying this Act in the case of any Publication foreign State has been published in the London Gazette, this and effect of Act (after the date specified in the order, or if no date is specified, after the date of the publication,) shall, so long as the order remains in force, but subject to the limitations, restrictions, conditions, exceptions and qualifications, if any, contained in the order, apply in the case of such foreign State. An Order in Council shall be conclusive evidence that the arrangement therein referred to complies with the requisitions of this Act, and that this Act applies in the case of the foreign State mentioned in the order, and the validity of such order shall not be questioned in any legal proceedings whatever.
6. Where this Act applies in the case of any foreign State, Liability of every fugitive criminal of that State who is in or suspected surrender, of being in any part of Her Majesty's dominions, or that part which is specivjerl in the order applying this Act (as the case may be) shall be liable to be apprehended and surrendered in manner provided by this Act, whether the crime in respect of which the surrender is sought was committed before or after the date of the order, and whether there is or is not any concurrent jurisdiction in any court of Her Majesty's dominions over that crime.
7. A requisition for the surrender of a fugitive criminal of Order.of any foreign State, who is in or suspected of being in the State for issu. United Kingdom, shall be made to a Secretary of State by of Warrantia some person recognized by the Secretary of State as a dom if crime diplomatic representative of that foreign State. A Secretary is not of a of State may, by order under his hand and seal signify to a character. Police Magistrate that such requisition has been made and require him to issue his warrant for the apprehension of the fugitive criminal.
If the Secretary of State is of opinion that the offence is one of a political character, he may, if he think fit, refuse to send any such order, and may also at any time, order a fugitive criminal accused or convicted of such offence to be discharged from custody.
Issue of War- 8. A warrant for the apprehension of a fugitive criminal, rant by Police whether accused or convicted of crime, who is in or Justice, &c. suspected of being in the United Kingdom, may be issued
(1.) By a Police Magistrate on the receipt of the said order
of the Secretary of State, and on such evidence as would in his opinion justify the issue of the warrant if the crime had been committed or the criminal convicted in England; and
(2.) By a Police Magistrate or any justice of the peace in any
part of the United Kingdom, on such information or complaint and such evidence, or after such proceedings as would in the opinion of the person issuing the warrant justify the issue of a warrant if the crime had been committed or the criminal convicted in that part of the United Kingdom in which he exercises jurisdiction.
Any person issuing a warrant under this section without an order from a Secretary of State shall forthwith send a report of the fact of such issue, together with the evidence and information or complaint or certified copies thereof to a Secretary of State, who may if he think fit, order the warrant to be cancelled and the person who has been apprehended on the warrant to be discharged.
A fugitive criminal, when apprehended on a warrant issued without the order of a Secretary of State, shall be brought before some person having power to issue a warrant under this section who shall, by warrant order him to be brought, and the prisoner shall accordingly be brought before a Police Magistrate.
A fugitive criminal apprehended on a warrant issued without the order of a Secretary of State shall be discharged by the Police Magistrate, unless the Police Magistrate, within such reasonable time as, with reference to the circumstances of the case, he may fix, receives from the Secretary of State an order signifying that a requisition has been made for the surrender of such criminal.
Hearing of 9. When a fugitive criminal is brought before the Police dence of polit. Magistrate, the Police Magistrate shall hear the case in the ical character same manner, and have the same jurisdiction and powers, as of crime.
near as may be, as if the prisoner were brought before him charged with an indictable offence committed in England.
The Police Magistrate shall receive any evidence which may be tendered to show that the crime of which the prisoner is accused or alleged to have been convicted is an offence of a political character or is not an extradition crime.
10. In the case of a fugitive criminal accused of an extra- Committal or dition crime, if the foreign warrant authorizing the arrest of
prisoner. such criminal is duly authenticated, and such evidence is produced as (subject to the provisions of this Act) would, according to the law of England, justify the committal for trial of the prisoner if the crime of which he is accused had been committed in England, the Police Magistrate shall commit him to prison, but otherwise shall order him to be discharged.
In the case of a fugitive criminal alleged to have been convicted of an extradition crime, if such evidence is produced as (subject to the provisions of this Act) would, according to the law of England, prove that the prisoner was convicted of such crime, the Police Magistrate shall commit him to prison, but otherwise shall order him to be discharged.
If he commits such criminal to prison, he shall commit him to the Middlesex House of Detention, or to some other prison in Middlesex, there to await the warrant of a Secretary of State for his surrender, and shall forth with send to a Secretary of State a certificate of the committal, and such report upon the case as he may think fit.
11. If the Police Magistrate commits a fugitive criminal Surrender of to prison he shall inform such criminal that he will rrot be Foreign State surrendered until after the expiration of fifteen days, and by Warrant
of Secretary that he has a right to apply for a writ of Habeas corpus. of State.
Upon the expiration of the said fifteen days; or, if a writ of Habeas corpus is issued, after the decision of the court upon the return to the writ, as the case may be, or after such further period as may be allowed in either case by a Secretary of State, it shall be lawful for a Secretary of State, by warrant under his hand and seal, to order the fugitive criminal (if not delivered on the decision of the court) to be surrendered to such person as may in his opinion be duly authorized to receive the fugitive criminal by the foreign State from which the requisition for the surrender proceeded, and such fugitive criminal shall be surrendered accordingly.
It shall be lawful for any person to whom such warrant is directed and for the person so authorized as aforesaid to receive, hold in custody, and convey within the jurisdiction of such foreign State the criminal mentioned in the warrant; and if the criminal escapes out of any custody to which he may be delivered on or in pursuance of such warrant, it shall be lawful to retake him in the same manner as any person accused of any crime against the laws of that part of Her Majesty's Dominions to which he escapes may be retaken upon an escape.
Discharge of 12. If the fugitive criminal who has been committed to
prison is not surrendered and conveyed out of the United prehended if not conveyed Kingdom within two months after such committal ; or, if a out of United writ of Habeas corpus is issued, after the decision of the Kingdom within two court upon the return to the writ, it shall be lawful for any months.
judge of one of Her Majesty's Superior Courts at Westminster, upon application made to him by or on behalf of the criminal, and upon proof that reasonable notice of the intention to make such application has been given to a Secretary of State, to order the criminal to be discharged out of custody, unless sufficient cause is shown to the contrary.
Execution of 13. The warrant of the Police Magistrate issued in purPolice Magis- suance of this Act may be executed in any part of the United
Kingdom in the same manner as if the same had been originally issued or subsequently indorsed by a Justice of the Peace, having jurisdiction in the place where the same is executed.
Depositions to 14. Depositions or statements on oath, taken in a foreign be evidence.. State, and copies of such original depositions or statements, & 16.
and foreign certificates of or judicial documents stating the fact of conviction may, if duly authenticated, be received in evidence in proceedings under this Act.
15. Foreign warrants and depositions or statements on tion of depositions and war
oath, and copies thereof, and certificates of or judicial docurauts, 29 & 30 ments stating the fact of a conviction, shall be deemed duly V. c. 121.
authenticated for the purposes of this Act if authenticated in manner provided for the time being by law or authenticated as follows:
(1.) If the warrant purports to be signed by a Judge,
Magistrate, or Officer of the foreign State where the same was issued ;