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Street, within the metropolitan police district (or a stipendiary ma- 33 & 34 Vict. gistrate for
], to show cause why he should not be surrendered c. 52. in pursuance of "The Extradition Act, 1870," on the ground of his [Sect. 10.] being accused (or convicted] of the commission of the crime of within the jurisdiction of and forasmuch as no sufficient cause has been shown to me why he should not be surrendered in pursuance of the said act:
This is therefore to command you the said constable in her Majesty's name forthwith to convey and deliver the body of the said
into the custody of the said keeper of the at and you the said keeper to receive the said into your custody, and him there safely to keep until he is thènce delivered pursuant to the provisions of the said Extradition Act, for which this shall be your warrant. Given under my hand and seal at Bow Street, one of the police courts of the metropolis (or at the said
day of , 18.
J.P. [No, 6.] Warrant of Secretary of State for Surrender of Fugitive.
To the keeper of and to Whereas late of accused (or convicted] of the commission of the crime of within the jurisdiction of delivered into the custody of you the keeper of by warrant dated
pursuant to “The Extradition Act, 1870 :" Now I do hereby, in pursuance of the said act, order you the said [Sect. 11.] keeper to deliver the body of the said into the custody of the said and I command you the said to receive the said
into your custody, and to convey him within the jurisdiction of the said and there place him in the custody of any person or persons appointed by the said to receive him, for which this shall be your warrant. Given under the hand and seal of the undersigned, one of her Majesty's principal secretaries of state, this
6. Offences in or Offenders flying to other Foreign Countries.
With respect to offences committed in foreign countries, we offences comhave already stated at pp. 903—904, in what cases a justice mitted in
foreign may grant a warrant of apprehension or commit an accused countries. person for trial, viz. :1. For offences by British subjects at sea, or on board a British
ship at sea, or in any foreign port or harbour,-or by
s. 11, ante, pp. 907, 908):
whether in her Majesty's dominions or not, by a British sub-
3. For poisonings, hurts, &c. in England, resulting in death
abroad, or vice versâ (see 24 & 25 Vict. c. 100, s. 10, ante,
p. 909): 4. In certain offences, such as libels, conspiracies, wholly or
partially committed here with respect to foreign countries
or powers (see ante, p. 910). 5. For offences here and offenders flying to any foreign country,
whether we have a treaty with it or not (ante, p. 914).
Justices also have jurisdiction to hear charges for offences under the acts for the extradition of offenders flying from foreign countries with which we have treaties, as shown ante, p. 926, &c. In no other case arising in a foreign
country can justices interfere either by granting a warrant Offenders fly- to apprehend or committing an accused for trial. But with ing to a foreign respect to those cases wherein the offender
escapes to a foreign country. country, the warrant, although it may be issued, cannot be Course of pro- executed there. 47 The course to be pursued in obtaining cedure in obtaining the
the assistance of a foreign state for the extradition of a criminal assistance of a flying from this country is this ;—The warrant in the proper foreign state. form is granted, after taking such evidence by deposition, as
would warrant the committal of the accused for trial. A copy of the depositions, certified to be correct by the justice granting
47 Cases have, however, occurred for which warrants have been granted by the city and metropolitan police magistrates, and an officer of police sent (as in the case of Reg. v. Sattler, ante, p. 906) to places abroad with which we have no reciprocal convention or treaty, as, for instance, Hamburg, Antwerp, Austria, Russia, &c.; and the police authorities at those places have, as a matter of courtesy between friendly states, given the offenders over to the custody of our officers merely on the production of the warrant, or placed them on board a British vessel; or sometimes, instead of delivering them to the English officer, convicted them and punished them there by their laws (if a subject of theirs), receiving a certified copy of the depositions as evidence of the crime committed in this country. (See the very able pamphlet of Sir G. C. Lewis, on “Foreign Jurisdiction and the Extradition of Criminals," Parker, 1859.) By a circular letter from the Home Office to mayors and other justices, dated 13th July, 1861, it is stated that “whenever it is wished to procure the good offices of a diplomatic or consular agent abroad, for such purpose application must be made, in the first instance, to the Secretary of State for the Home Department, in order that he may communicate with the Foreign Office on the subject, if, in his judgment, the case is one which calls for the interference of the Government;'' and further “that no diplomatic or consular agent will in future pay any attention to applications by police officers or other persons without express directions from the Foreign Secretary.” Communications between the police of this and foreign countries are not, of course, prohibited, for without some such communication it can seldom be ascertained whether the persons accused are in a foreign country, to enable an application to be made for their extradition.
the warrant, is taken, with a duplicate of the warrant, by the officer who is charged with its execution, or the solicitor for the prosecution, to the home secretary of state, who communicates with the foreign office on the subject, if in his judgment the case is one which calls for the interference of the government. If the home secretary sanctions the application, the foreign secretary indorses the duplicate warrant or writes some communication to the English ambassador or minister, as the case may be, in the country where the warrant is intended to be executed, and which the secretary of state either sends himself or hands to the officer to take with the papers. As a matter of precaution it is usual to provide the officer with a duplicate warrant and certified copy of the depositions to accompany the original warrant, besides those furnished to the Home Office. Our ambassador or minister then in his turn, on the application of the officer also indorses the warrant or writes some communication to the superior police authority of the country, which communication the officer takes, and, in consequence, the authorities there either execute the warrant themselves and place the accused in the custody of the officer, or assist him in apprehending the accused.
7. Offences in the Colonies and Offenders escaping to this
Country, or vice versa. The act relating to offences in the colonies and offenders Offences in the flying to this country, or vice versa, is the 6 & 7 Vict. c. 34,
colonies, fc. "An Act for the better Apprehension of certain Offenders,"
6 & 7 Vict. (passed 28th July, 1843,] being amended as to the offences only by 16 & 17 Vict. c. 118 [Note 49, infra],—the 6 & 7 Vict. c. 34 reciting, that "it is expedient to make more effectual "provision for the apprehension and trial of offenders against s the laws who may be in other parts of her Majesty's do“ minions than those in which their offences were committed.”48 The offences to which it extends are treason or any felony. The 6 & 7 Vict. c. 34, contains the following provisions :Sect. 1. That if any person charged with having committed
Offenders in offence such as is hereinafter mentioned, 49 against the laws of
the colonies any
escaping into 48 It will appear from what is stated at p. 913, that any offender flying from the colonies to this country may, by virtue of the common law, be apprehended here without warrant, this act being supplemental to and designed to aid such law. The crime, however, may be investigated here, but must be tried in the colonies. 49 Section 10 of the 6 & 7 Vict. c. 34, enacts, “That it shall not be 6 & 7 Vict.
c. 34, s. 10.
6 & 7 Vict. part of her Majesty's dominions not being part of the United King
dom of Great Britain and Ireland, and against whom a warrant the United
shall have been issued for such offence by any person having lawKingdom may be there ap
ful authority to issue the same within that part of her Majesty's prehended. dominions where such offence shall have been committed, shall be Sect. 1. in any place within the said United Kingdom, it shall be lawful, in
Great Britain, for one of her Majesty's principal secretaries of state to endorse his name on such warrant, which warrant so endorsed shall be a sufficient authority to the person or persons bringing fuch warrant, &c., to execute the same, by apprehending the person against whom it is directed, and to convey him before a justice of the peace for the county or other jurisdiction in which he is apprehended. (Form of indorsement, No. 33, p. 484, Oke's
"Formulist," 6th ed.) Apprehension By sect. 2, “ to remedy the like failure of justice by the escape of offenders escaping to
of persons charged with having committed offences in those parts the Colonies. of her Majesty's dominions which do not form part of the United Sect. 2.
Kingdom," it is enacted,--that, if any person charged with having committed any offence such as is hereinafter mentioned 49 in any part of her Majesty's dominions, whether or not within the said United Kingdom, and against whom a warrant is issued by any person or persons having lawful authority to issue the same, shall be in any other part of her Majesty's dominions not forming part of the said United Kingdom, the chief justice or any other judge of her Majesty's superior court of law within that other part of her Majesty's dominions where such person shall be may indorse his name on such warrant,—which warrant so indorsed shall be a sufficient authority to the person or persons bringing such warrant, &c., to execute the same within the jurisdiction of the person by whom it shall be so indorsed, by apprehending the person against whom such warrant is directed, and to convey him before a magistrate or other person having authority to examine and commit offenders for trial in that part of her Majesty's dominions. [Vide sect. 4, infra, as to depositions being evidence.]
lawful for any person to endorse his name upon any such warrant, for the purpose of authorizing the apprehension of any person under this act, unless it shall appear upon the face of the said warrant that the offence which the person for whose apprehension the said warrant has been issued is charged to have committed is snch that, if committed within that part of her Majesty's dominions where the warrant is so endorsed, it would have amounted in law to a treason or some felony such as the justices of the peace in general or quarter sessions assembled have not authority to try in England under the provisions of the act 5 & 6 Vict. c. 38 [post, Sect. VI. of this Chap.),
-or unless the depositions appear sufficient to warrant the committal of such person for trial.” By 16 & 17 16 & 17 Vict. Vict. c. 118, the provisions of this section in italics is repealed as to the c. 118.
limitation of the offences, and extended to persons charged with any felony.
By sect. 3, Any person duly authorized to examine and commit 6 & 7 Vict. offenders for trial, before whom any such supposed offender is C. 34.
Offender to be brought, upon such evidence of criminality as would justify his com
sent to gaol mittal is the offence had been committed in that part of her Majesty's until sent dominions, may commit such supposed offender to prison, there to back to where
offence comremain until he can be sent back to that part of her Majesty's
mitted. dominions in which he is charged with having committed such
Sect. 3. offence;—and immediately upon the committal of such person, information thereof in writing under the hand of the committing magistrate, accompanied by a copy of the said warrant, is to be given, in Great Britain, to one of her Majesty's principal secretaries of state. 50 (Vide Forms of Caption of Depositions of New Evidence, Committal of Accused to Prison, and Letter to the Home Secretary of State, &c., Oke's “ Formulist,” 6th ed. pp. 484, 485, Nos. 34-39.)
By sect. 4, Copies of the depositions upon which the original Copies of Farrant was granted, certified under the hand of the person issuing
be evidence. it, and attested upon the oath of the party producing them to be
Sect. 4. true copies of the original depositions, may be received in evider.ce of the criminality of the person so apprehended. (Vide Form of Certificate, Oke's “ Formulist,” 6th ed. p. 484, No. 32.)
By sect. 5, In Great Britain, one of her Majesty's principal secre- Offenders ap. taries of state by warrant under his hand and seal [Vide Form, prehended to
be sent to the No. 40, p. 487, Oke's “Formulist,” 6th ed.] may order any person place where so apprehended and committed to gaol to be delivered into the the offence custody of some person, to be named in the said warrant, for the was com
mitted. purpose of being conveyed into that part of her Majesty's dominions
Sect. 5. in which he is charged with having committed the offence, and being delivered into the custody of the proper authorities there, to be dealt with in due course of law as if he had been there apprehended [then follows a power to retake if he escapes].
By sect. 6, Where any person committed to gaol under this act If not sent is not conveyed out of that part of her Majesty's dominions within within two
months after two calendar months after such committal, over and above the time
committal, actually required to convoy the prisoner from the gaol to which he may apply to was committed by the readiest way out of that part of her Majesty's be discharged. dominions, any of her Majesty's judges in that part of her Majesty's Sect. 6. dominions in which such supposed offender is in custody, upon application made to him or them by or on behalf of the person so committed, and upon proof made to him or them that reasonable notice of the intention to make such application has been given to one of her Majesty's principal secretaries of state in Great Britain,
50 It is usual to send any additional depositions taken, and the original depositions and warrant and authentication thereof, to the Home Secretary, with this copy of the commitment.