Chapter 9
The evidential inquiry


9.1An extradition request must relate to a person who has been accused or convicted of criminal offending. If the subject has been accused, the question arises as to whether New Zealand should assess the strength of the evidence against that person before agreeing to their extradition.

9.2We examined this question in Chapter 7 of our Issues Paper and proposed that, for the vast majority of countries, there should be an inquiry into the case against the person sought. This is what happens under the Extradition Act 1999.246 Almost all of those we consulted agreed with this proposal. What divided submitters, however, was the nature of the court inquiry and the form of the evidence that should be presented.

9.3In this chapter, we examine these two issues and recommend how the evidential inquiry should be conducted in the future.

246Extradition Act 1999, s 24(2)(d)(i).