Contents

Chapter 8
Overview of court procedure

Making a finding of liability and the extradition order

8.40At the end of the extradition hearing, the Central Authority will formally apply for the respondent to be found liable for extradition on the basis outlined in the NIP.239 If the judge is satisfied on the evidence that the respondent should be extradited, the judge will announce that decision. The liability finding must specify the foreign offence or offences for which the respondent is being found liable for extradition.240 That offence or those offences must have been included in the NIP.241
8.41As we explain below, the liability finding may then be appealed. At the end of the appeal process, if the liability finding stands, the District Court will issue the final extradition order. This order generally must be effected within two months of the date of issue.242
239Extradition Bill, cls 34(1) and 44(1).
240Extradition Bill, cl 47(2)(a).
241Extradition Bill, cls 34(1) and 44(1).
242Extradition Bill, cl 57.