Chapter 9


9.23The initial appearance is the first time at which the court will consider the issue of bail. Under both the backed-warrant procedure and the standard procedure, the underlying principles concerning bail are the same: the person is not bailable as of right and may not go at large without bail. The Extradition Act then incorporates various provisions from the Bail Act 2000 governing the decisions surrounding whether to grant bail and the conditions of bail that may be imposed.

9.24A review of the case law indicates that this is an area of the Extradition Act that has been working relatively well. There have been numerous appeals against bail decisions in extradition proceedings, but these have largely focused on substantive concerns. This suggests that there is no particular need for modifications to the Bail Act to make it work in an extradition context.

9.25However, there are two aspects of the bail procedure under the Extradition Act that should be updated:


Q36 Do the current bail procedures operate adequately in the context of extradition?

401Extradition Act 1999, ss 22(4) and 23(5).
402Kim v Prison Manager, Mt Eden Corrections Facility (CA), above n 394, at [34].
403By virtue of the wording of the Extradition Act 1999, s 23.