Chapter 8
Overview of court procedure

First appearance and bail

8.22When the respondent has been arrested under an ordinary or provisional warrant, they must be brought before the Court promptly, as in all arrest cases.214 In provisional arrest warrant cases, one of the important tasks of the Court at this appearance will be to set a deadline for the Central Authority to file a NIP.215 The Bill contains guidance as to the appropriate deadline in standard and simplified cases.216 In all cases, the question of bail will need to be addressed.
8.23We have tried to mirror the law and procedure relating to bail in the domestic criminal setting. If extradition is sought so that the respondent can be extradited to face trial in the requesting country, there is a general presumption in favour of bail.217 If the basis of extradition is because the respondent has already been found guilty or sentenced, and what is sought is completion of the sentencing process, the presumption will be reversed.218 Of course, in any case risk of flight will be a highly relevant consideration for bail.219 Another important factor is that, by definition, the offence in question will be relatively serious: it will be punishable by at least two years’ imprisonment.220
214Extradition Bill, cl 28(4), 40(5) and 72(1).
215Extradition Bill, cl 72(2)(a).
216Extradition Bill, cl 72(4).
217Extradition Bill, cl 75(3).
218Extradition Bill, cl 76(2).
219Extradition Bill, cl 75(4)(a)(i).
220Extradition Bill, cl 75(4)(b)(iii).