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Northern Irish Legislation

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EXTRADITION ACT 1870 - SECT 11

Surrender of fugitive to foreign state by warrant of Secretary of State.

11. If the police magistrate commits a fugitive criminal to prison, he shall
inform such criminal that he will not be surrendered until after the
expiration of fifteen days, and that he has a right to apply for a writ of
Habeas corpus.

Upon the expiration of the said fifteen days, or, if a writ of Habeas corpus
is issued, after the decision of the court upon the return to the writ, as the
case may be, or after such further period as may be allowed in either case by
a Secretary of State, it shall be lawful for a Secretary of State, by warrant
under his hand and seal, to order the fugitive criminal (if not delivered on
the decision of the court) to be surrendered to such person as may in his
opinion be duly authorized to receive the fugitive criminal by the foreign
state from which the requisition for the surrender proceeded, and such
fugitive criminal shall be surrendered accordingly.

It shall be lawful for any person to whom such warrant is directed and for the
person so authorized as aforesaid to receive, hold in custody, and convey
within the jurisdiction of such foreign state the criminal mentioned in the
warrant; and if the criminal escapes out of any custody to which he may be
delivered on or in pursuance of such warrant, it shall be lawful to retake him
in the same manner as any person accused of any crime against the laws of that
part of Her Majesty's dominions to which he escapes may be retaken upon an
escape.


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© 1870 Crown Copyright

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