EXTRADITION ACT 1988 - SECT 12 Extradition arrest warrants

EXTRADITION ACT 1988 - SECT 12

  (1)   Where:

  (a)   an application is made, in the statutory form, on behalf of an extradition country to a magistrate or eligible Judge for the issue of a warrant for the arrest of a person; and

  (b)   the magistrate or Judge is satisfied, on the basis of information given by affidavit, that the person is an extraditable person in relation to the extradition country;

the magistrate or Judge shall issue a warrant, in the statutory form, for the arrest of the person.

  (2)   The magistrate or Judge shall forthwith send to the Attorney - General a report stating that the magistrate or Judge has issued the warrant, together with a copy of the affidavit.

  (3)   Where:

  (a)   the Attorney - General has received the report under subsection   ( 2) or has otherwise become aware of the issue of the warrant;

  (b)   the person has not been arrested under the warrant; and

  (c)   either:

  (i)   the Attorney - General decides not to give a notice under subsection   16(1) in relation to the person; or

  (ii)   the Attorney - General considers for any other reason that the warrant should be cancelled;

the Attorney - General shall, by notice in writing in the statutory form, direct a magistrate or eligible Judge to cancel the warrant.

  (4)   A notice given under subsection   ( 3) is not a legislative instrument.