1.1 Application in the prescribed form is made to a Magistrate in chambers for a provisional arrest warrant - s.12.

1.2 An affidavit is produced providing information that -

(a) the country seeking the extradition is an "extradition country". Such countries are so declared by regulation (s.5).

(b) the person is an "extraditable person", s.6 provides that such a person is one for whom a warrant accusing him of an offence has been issued, or who is to appear for sentence, or who has not completed a sentence imposed.

(c) The offence concerned must be an "extradition offence". An "extradition offence" is one where the penalty is death or imprisonment of not less than 12 months in the other country.

e=3>1.3 The applicant will produce, in addition to the application and affidavit a draft warrant and a report to the Commonwealth Attorney General. Section 12(2) requires the Magistrate to send a report to the Attorney General that the warrant has been issued. A copy of the affidavit must accompany the report.

2.0 Initial Appearance of Defendant

2.1 Upon the execution of the warrant, the defendant must, as soon as practicable, be brought before a Magistrate (not necessarily the one who issued the warrant) {s.15(1)}.

2.2 The defendant may then be remanded in custody or released on bail {s.15(2)}. However, there is a presumption against bail. There must be special circumstances justifying bail {s.15(6)}.

2.3 Generally, the period of remand will be 45 days although treaties with particular countries may provide for a different period.

3.1 It is contemplated that the country requesting the extradition will, within 45 days of the defendants arrest, make a formal request to the Attorney General for extradition and provide a full brief of evidence of the offence. For a discussion as to what constitutes supporting documents see Zoeller v Germany (1989) 45 A.Crim.R. 327.

3.2 (a) Upon receipt of that information, the Attorney General may decide either that the extradition proceedings should continue or cease.

(b) If they are to cease, the Attorney General will give a notice to the Magistrate directing that the person be released from custody or bail as the case may be {s.17(1)}.

(c) If they are to continue, the Attorney General gives a notice pursuant to s.16(1).

4.1 If the Attorney General has not given the notice under s.16(1) within 45 days, the Magistrate must, unless satisfied that the notice will arrive within a period that is both definite and reasonable, order the release of the person.

5.1 After the Attorney General has given the notice under s.16(1), the defendant may consent to extradition - s.18(1).

5.2 If the person consents, the Magistrate MUST advise him in the terms of s.18(2)(a). That sub-section provides:

"Advise the person that the effect of so consenting will be that:

(i) the person will be committed to prison without any proceedings being conducted under section 19 to determine whether the person is eligible for surrender in relation to any extradition offence; and

(ii) the person will, if the Attorney General issues a surrender warrant or a temporary surrender warrant, be surrendered to the extradition country."

5.3 If the consent stands after the advice, the order is made and the Attorney General notified {s.18(2)(b)}.

6.1 The hearing proceeds in accordance with s.19 to which reference should be made.

6.2 It should be noted that it is not a trial of the charge {s.19(5)}. Argument may not even be put that the offences are statute barred in the foreign country - Zoeller v Germany (1989) 45 A.Crim.R. 327.

6.3 The Magistrate must enquire as to whether the offence alleged is of the type to which extradition applies - s.19(2).

6.4 The Magistrate must also consider whether there are substantial grounds for believing that there is an extradition objection - s.19(2)(d). The onus of establishing the objection is on the defendant.

6.5 Extradition objection is defined by s.7 which must be referred to for detail but which deals in the main with fear of persecution for political, religious or racial beliefs.

7.1 At the close of the proceedings, the Magistrate, if extradition has been ordered, informs the person of his right of review {s.19(9)(b)}.

7.2 The review is by the Supreme Court or the Federal Court (s.21).

8.1 Special provisions (vide Part III) apply in respect of extraditions to/from New Zealand.