Overview of court procedure
8.5All extradition requests should be heard and determined in the District Court. Rights of appeal from decisions given should flow. However, as we discuss at the end of this chapter, the ordinary appeal and judicial review paths should be limited in some key respects.
8.6New extradition legislation should provide the Court with specific jurisdiction and powers to enable it to conduct extradition hearings with greater efficiency. We have included a variety of procedural provisions in the Bill that are relatively prescriptive in this regard. These cases are few in number so we consider this level of statutory guidance to be appropriate.
8.7We have, however, tried to allow for flexibility in relation to the powers the Court may exercise. Extradition proceedings have the potential to involve the full range of criminal offending and complex humanitarian concerns may well arise. Therefore, judges need to be able to call upon a wide range of powers to address the full gambit of issues. To assist judges in the exercise of those powers, the Bill contains a provision outlining the principles that should be applied when making any decision under the Act.
- R20 All extradition requests should be heard and determined in the first instance in the District Court.