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. 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. The Bill contains guidance as to the appropriate deadline in standard and simplified cases. 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. 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. Of course, in any case risk of flight will be a highly relevant consideration for bail. 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.