Extradition Act, 1965
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Committal or discharge of person whose extradition is requested. |
29.—(1) Where a person is before the District Court under section 26 or 27 and the Court is satisfied that— | |
(a) the extradition of that person has been duly requested, and | ||
(b) this Part applies in relation to the requesting country, and | ||
(c) extradition of the person claimed is not prohibited by this Part or by the relevant extradition provisions, and | ||
(d) the documents required to support a request for extradition under section 25 have been produced, | ||
the Court shall make an order committing that person to a prison (or, if he is not more than twenty-one years of age, to a remand institution) there to await the order of the Minister for his extradition. | ||
(2) The Court may, if of opinion that the information communicated under section 25 is insufficient to enable a decision to be made, adjourn the hearing for such period as the Court thinks proper to enable further information to be produced and pending consideration of the case the Court shall have the same powers of adjournment and remand as if the person claimed were brought before it charged with an indictable offence. | ||
(3) The Court, on making an order under subsection (1), shall— | ||
(a) inform the person to whom it relates that he will not be surrendered, except with his consent, until after the expiration of fifteen days from the date of his committal and inform him also of the provisions of section 4.2° of Article 40 of the Constitution (which relates to the making of a complaint to the High Court by or on behalf of any person alleging that that person is unlawfully detained), and | ||
(b) cause a certificate of the committal to be sent forthwith to the Minister. | ||
(4) Where the person claimed is not committed under subsection (1) the Court shall order him to be discharged. | ||
(5) No appeal shall lie to the Circuit Court against an order of the Court under this section. | ||
(6) Sections 10 and 11 of the Criminal Justice Act, 1960 , shall apply to a person committed to a remand institution under this section. |