EXTRADITION ACT 1895

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EXTRADITION ACT 1895 - SECT 1



1.(1) Where a fugitive criminal has been apprehended in pursuance of a warrant
under section eight of the Extradition Act, 1870, and a Secretary of State on
representation made by or on behalf of the criminal is of opinion that his
removal for the purpose of his case being heard at Bow Street will be
dangerous to his life or prejudicial to his health, the Secretary of State, if
it appears to him consistent with the Order in Council under the Extradition
Act, 1870, applicable to the case, may in his discretion by order, stating the
reasons for such opinion, direct the case to be heard before such magistrate
as is named in the order, and at the place in the United Kingdom at which the
criminal was apprehended, or for the time being is.

(2) The magistrate may be, if the place ... is in Ireland, any stipendiary
magistrate, and the magistrate hearing the case in pursuance of the order
shall for that purpose be deemed to be a police magistrate within the meaning
of the Extradition Act, 1870, and also shall have the same jurisdiction,
duties, and powers, as near as may be, and may commit to the same prison as if
he were a magistrate for the county, borough, or place in which the hearing
takes place.

(3) Provided that, when the fugitive criminal is committed to prison to await
his surrender, the committing magistrate, if of opinion that it will be
dangerous to the life or prejudicial to the health of the prisoner to remove
him to prison, may order him to be held in custody at the place in which he
for the time being is, or any other place named in the order to which the
magistrate thinks he can be removed without danger to his life or prejudice to
his health, and while so held he shall be deemed to be in legal custody, and
the Extradition Acts, 1870 and 1873, shall apply to him as if he were in the
prison to which he is committed, and the forms of warrant used under the said
Acts may be varied accordingly.

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Northern Irish Legislation

EXTRADITION ACT 1895 - SECT 1