c. 52. any conviction in the United Kingdom, shall not be sur- 33 & 34 Vict. (4.) A fugitive criminal shall not be surrendered until the expira- to prison to await his surrender." arrangement for surrender. Sect. 4. Sect. 4. "An order in council for applying this act in the case of Provisions 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 year; and, (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." any Sect. 5. "When an order applying this act in the case of foreign state has been published in the London Gazette, this 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." Sect. 6. Where this act applies in the case of any foreign state, every fugitive criminal of that state who is in or suspected of being in any part of her Majesty's dominions, or that part which is specified 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." appre Publication and effect of order. Sect. 5. Liability of criminal to surrender. Sect. 6. Order of secretary of state for issue of warrant in United Kingdom if crime is not of a political character. Sect. 7. "A requisition for the surrender of a fugitive criminal of any foreign state, who is in or suspected of being in the United Kingdom, shall be made to a secretary of state by some person recognized by the secretary of state as a diplomatic representative of that foreign state. A secretary of state may, by order under his hand and seal, signify to a police magistrate that such requisition has been made, and require him to issue his warrant for the hension of the fugitive criminal. [Form No. 1, p. 929.] If the Sect. 7. 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." Sect. 8. "A warrant for the apprehension of a fugitive criminal, 30 0.3. VOL. II. Issue of war rant by police 33 & 34 Vict. whether accused or convicted of crime, 41 who is in or suspected of c. 52. being in the United Kingdom, may be issued magistrate, justice, &c. Sect. 8. (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 [Form No. 2, p. 929]; and (2.) By a police magistrate or any justice of the peace 42 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. [Form No. 3, p. 930.] 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. [Form No. 4, p. 930.] 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 a secretary of state an order signifying that a requisition has been made for the surrender of such criminal." Sect. 9. "When a fugitive criminal is brought before the police magistrate, the police magistrate shall hear the case in the same manner, and have the same jurisdiction and powers, as 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." 41 By sect. 26, the terms "conviction" and "convicted" do not include or refer to a conviction which under foreign law is a conviction for contumacy, but the term "accused person" includes a person so convicted for contumacy. 42 By sect. 26, the term "justice of the peace" includes in Scotland any sheriff, sheriff's substitute, or magistrate. the peace." discharge of Sect. 10. "In the case of a fugitive criminal accused of an extra- 33 & 34 Vict. dition crime, if the foreign warrant43 authorizing the arrest of such c. 52. Committal or criminal is duly authenticated, and such evidence is produced as (subject to the provisions of this act) would, according to the law prisoner. of England, justify the committal for trial of the prisoner, if the Sect. 10. 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. [Form to be used in either case, No. 5, p. 930.] 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 forthwith send to a secretary of state a certificate of the committal, and such report upon the case as he may think fit." Sect. 11. "If the police magistrate commits a fugitive criminal to prison, he shall inform such criminal that he will not be surrendered until after the expiration of fifteen days, and that he has a right to apply for a writ of habeas corpus. 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 [Form No. 6, p. 931], 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." Surrender of Sect. 11. 43 By sect. 26, the term "warrant" in the case of any foreign state, Definition of includes any judicial document authorizing the arrest of a person "warrant." accused or convicted of crime. 33 & 34 Vict. c. 52. Discharge of persons ap Sect. 12. "If the fugitive criminal who has been committed to prison is not surrendered and conveyed out of the United Kingdom within two months after such committal, or, if a writ of habeas prehended if corpus is issued, after the decision of the court upon the return to not conveyed the writ, it shall be lawful for any judge of one of her Majesty's out of United 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." Kingdom within two months. Sect, 12. Execution of Depositions to be evidence. Sect. 14. Authentica Sect. 13. "The warrant of the police magistrate issued in pursuance 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." Sect. 14. "Depositions or statements on oath, taken in a foreign state, and copies of such original depositions or statements, 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." Sect. 15. "Foreign warrants and depositions or statements on tion of foreign oath, and copies thereof, and certificates of or judicial documents depositions and warrants. stating the fact of a conviction, shall be deemed duly authenticated for the purposes of this act if authenticated in manner provided for the time being by law or authenticated as follows: Sect. 15. Jurisdiction as to crimes (1.) If the warrant purports to be signed by a judge, magistrate, (3.) If the certificate of or judicial document stating the fact of conviction purports to be certified by a judge, magistrate, or officer of the foreign state where the conviction took place; and if in every case the warrants, depositions, statements, copies, certificates, and judicial documents (as the case may be) are authenticated. by the oath of some witness or by being sealed with the official seal of the minister of justice, or some other minister of state: And all courts of justice, justices, and magistrates shall take judicial notice of such official seal, and shall admit the documents so authenticated by it to be received in evidence without further proof." Sect. 16. "Where the crime in respect of which the surrender of a fugitive criminal is sought was committed on board any vessel c. 52. at sea. on the high seas which comes into any port of the United Kingdom, 33 & 34 Vict. the following provisions shall have effect: (1.) This act shall be construed as if any stipendiary magistrate in committed England or Ireland, and any sheriff or sheriff substitute in Scotland, were substituted for the police magistrate throughout this act, except the part relating to the execution of the warrant of the police magistrate [i. e. sect. 13, p. 9237: (2.) The criminal may be committed to any prison to which the person committing him has power to commit persons accused of the like crime: (3.) If the fugitive criminal is apprehended on a warrant issued without the order of a secretary of state, he shall be brought before the stipendiary magistrate, sheriff, or sheriff substitute who issued the warrant, or who has jurisdiction in the port where the vessel lies, or in the place nearest to that port." Fugitive Criminals in British Possessions. Sect. 16. as to fugitive criminals in British Sect. 17. "This act, when applied by order in council, shall, Proceedings unless it is otherwise provided by such order, extend to every British possession in the same manner as if throughout this act the British possession were substituted for the United Kingdom or possessions. England, as the case may require, but with the following modifi- Sect. 17. cations; namely, (1.) The requisition for the surrender of a fugitive criminal who is in or suspected of being in a British possession may be made to the governor of that British possession by any person recognized by that governor as a consul general, consul, or vice-consul, or (if the fugitive criminal has escaped from a colony or dependency of the foreign state on behalf of which the requisition is made) as the governor of such colony or dependency: (2.) No warrant of a secretary of state shall be required, and all powers vested in or acts authorized or required to be done under this act by the police magistrate and the secretary of state, or either of them, in relation to the surrender of a fugitive criminal, may be done by the governor of the British possession alone: (3.) Any prison in the British possession may be substituted for a prison in Middlesex : (4.) A judge of any court exercising in the British possession the like powers as the Court of Queen's Bench exercises in England may exercise the power of discharging a criminal |
