Extradition Act 1999

If you need more information about this Act, please contact the administering agency: Ministry of Justice
23 Procedure following arrest

(1)

A person arrested on a warrant issued after a request under section 19 or issued under section 20 must, unless sooner discharged, be brought before a court as soon as possible.

(2)

The person—

(a)

is not bailable as of right; and

(b)

may not go at large without bail.

(3)

If the court remands the person on bail, the court may impose any conditions of bail that the court thinks fit in addition to any conditions that the court may impose under subsections (1) to (3) of section 31 of the Bail Act 2000 (as applied by section 49 of that Act).

(4)

If the person has been arrested on a provisional arrest warrant issued under section 20, the following provisions apply:

(a)

the hearing of the proceedings must not proceed until the court receives from the Minister a notice in writing stating that a request for the surrender of the person has been transmitted to the Minister under section 18:

(b)

pending the receipt of the notice from the Minister, the proceedings may from time to time be adjourned:

(c)

if the court does not receive the notice—

(i)

within the time prescribed in an extradition treaty that is in force between the extradition country and New Zealand; or

(ii)

if no time is prescribed in a treaty, or no treaty is in force, within such reasonable time as the court may fix,—

the court must discharge the person:

(d)

the court may from time to time, in its discretion, extend any time fixed by it under paragraph (c)(ii).

(5)

In subsection (3),—

(a)

section 31 of the Bail Act 2000 must be read as it read immediately before section 7 of the Bail Amendment Act 2011 came into force; and

(b)

section 49 of the Bail Act 2000 must be read as it read immediately before the commencement date as defined in section 394 of the Criminal Procedure Act 2011.

Compare: 1965 No 44 s 8(2), (3)

Section 23(3): substituted, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

Section 23(5): inserted, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).