25 Record of case may be submitted by exempted country at hearing

(1)

For the purposes of any determination under section 24(2)(d)(i), a record of the case may be submitted by or on behalf of an exempted country.

(2)

A record of the case must be prepared by an investigating authority or a prosecutor in an exempted country and must contain—

(a)

a summary of the evidence acquired to support the request for the surrender of the person; and

(b)

other relevant documents, including photographs and copies of documents.

(3)

The record of the case is admissible as evidence if it is accompanied by—

(a)

an affidavit of an officer of the investigating authority, or of the prosecutor, as the case may be, stating that the record of the case was prepared by, or under the direction of, that officer or that prosecutor and that the evidence has been preserved for use in the person’s trial; and

(b)

a certificate by a person described in subsection (3A) stating that, in his or her opinion, the record of the case discloses the existence of evidence that is sufficient under the law of the exempted country to justify a prosecution in that country.

(3A)

A person referred to in subsection (3)(b) is—

(a)

the Attorney-General or principal law officer of the exempted country, or his or her deputy or delegate; or

(b)

any other person who has, under the law of the exempted country, control over the decision to prosecute.

(4)

Nothing in this section—

(a)

prevents an exempted country from satisfying the test in section 24(2)(d)(i) in accordance with the provisions of this Act that are applicable to countries that are not exempted; or

(b)

limits the evidence that may be admitted at any hearing to determine whether a defendant is eligible for surrender.

(5)

A court to which a certificate under subsection (3)(b) is produced must take judicial notice of the signature on it of a person described in subsection (3A).

Section 25(3)(b): substituted, on 19 December 2002, by section 8(1) of the Extradition Amendment Act (No 2) 2002 (2002 No 64).

Section 25(3A): inserted, on 19 December 2002, by section 8(2) of the Extradition Amendment Act (No 2) 2002 (2002 No 64).

Section 25(5): substituted, on 19 December 2002, by section 8(3) of the Extradition Amendment Act (No 2) 2002 (2002 No 64).