Chapter 4
Roles and responsibilities

Judicial role

Determining eligibility

4.64The court’s roles in the extradition process are to issue an arrest warrant, conduct the hearing to decide on eligibility for surrender, and issue a surrender order under the backed-warrant procedure if the case is not to be referred to the Minister. Through the eligibility hearing, the court has a role in assessing the evidence to see whether it is sufficient and admissible, as discussed in Chapter 9.

4.65The eligibility hearing is merely a process to determine whether the person sought is eligible for surrender. Because the hearing is not itself a trial, it has been considered appropriate that the District Court hold this jurisdiction. The District Court offers accessibility and convenience. Having extradition proceedings begin in the District Court does create the opportunity for multiple layers of appeal, which can lengthen the time before a determination is made. We are not aware, however, of any compelling reasons why extradition proceedings should be shifted to the High Court.


Q7 What is the correct relationship between the administrative decisions and political oversight of extradition?
Q8 Should the District Court continue to have original jurisdiction for extradition proceedings?