Chapter 9

Procedure

Introduction

9.1In this chapter, we ask whether the procedures in the Extradition Act 1999 are clear, suitable, and fair. The processes we discuss are:

• the jurisdiction of the court;
• the arrest warrant;
• bail;
• disclosure;
• the substantive hearing, in particular, the admissibility of evidence and the conduct of the hearing;
• appeal; and
• the Minister’s final decision.

9.2Currently, too much of the litigation relates to uncertain procedures rather than substantive matters. We propose that new extradition legislation should contain tailor-made procedural rules.