26 Procedure following court’s determination of whether person eligible for surrender

(1)

If the court determines under section 24 that the person is eligible for surrender, it must—

(a)

issue a warrant for the detention of the person in a prison or other place authorised in accordance with section 27 of this Act or section 184T(3) of the Summary Proceedings Act 1957 pending the surrender of the person to the extradition country or the person’s discharge according to law; and

(b)

record in writing the extradition offence or extradition offences in relation to which the court has determined that the person is eligible for surrender; and

(c)

send to the Minister a copy of the warrant of detention and the record made under paragraph (b), together with a copy of the application and any other evidence taken before the court in the case and any other information before it that has not already been sent to the Minister, and such report on the case as the court thinks fit; and

(d)

inform the person that—

(i)

subject to section 71, the person will not be surrendered until the expiration of 15 days after the date of the issue of the warrant of detention; and

(ii)

during that time the person has the right to make an application for a writ of habeas corpus; and

(iii)

the person has the right to lodge an appeal under Part 8.

(2)

If the court issues a warrant under subsection (1), the court may grant bail to the person.

(3)

If the court grants bail to the person, 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 52 of that Act).

(4)

If the court is not satisfied under section 24 that the person is eligible for surrender, it must discharge the person unless under section 70(1) it orders that the person continue to be detained, or issues a warrant for the arrest and detention of the person, pending the determination of an appeal under Part 8.

(5)

Enactments other than this Act and its provisions that are specified in subsection (1)(a) must be read as they read immediately before the commencement date as defined in section 394 of the Criminal Procedure Act 2011.

(6)

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 52 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 10

Section 26(1)(a): amended, on 29 June 2009, by section 18 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

Section 26(1)(a): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 26(3): substituted, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

Section 26(5): inserted, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 26(6): inserted, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).