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EXTRADITION ACT 1895

EXTRADITION ACT 1895 - LONG TITLE

An Act to amend the Extradition Acts, 1870 and 1873, so far as
respects the Magistrate by whom and the Place in which the case
may be heard and the Criminal held in Custody.
[6th July 1895]
Hearing case elsewhere than at Bow Street.

EXTRADITION ACT 1895 - SECT 1

1.(1) Where a fugitive criminal has been apprehended in pursuance of
a warrant under section eight of the Extradition Act, 1870, and a
Secretary of State on representation made by or on behalf of the
criminal is of opinion that his removal for the purpose of his
case being heard at Bow Street will be dangerous to his life or
prejudicial to his health, the Secretary of State, if it appears to
him consistent with the Order in Council under the Extradition Act,
1870, applicable to the case, may in his discretion by order,
stating the reasons for such opinion, direct the case to be heard
before such magistrate as is named in the order, and at the place
in the United Kingdom at which the criminal was apprehended, or for
the time being is.

(2) The magistrate may be, if the place ... is in Ireland, any
stipendiary magistrate, and the magistrate hearing the case in
pursuance of the order shall for that purpose be deemed to be a
police magistrate within the meaning of the Extradition Act, 1870,
and also shall have the same jurisdiction, duties, and powers, as
near as may be, and may commit to the same prison as if he were
a magistrate for the county, borough, or place in which the hearing
takes place.

(3) Provided that, when the fugitive criminal is committed to prison
to await his surrender, the committing magistrate, if of opinion
that it will be dangerous to the life or prejudicial to the health
of the prisoner to remove him to prison, may order him to be held
in custody at the place in which he for the time being is, or
any other place named in the order to which the magistrate thinks
he can be removed without danger to his life or prejudice to his
health, and while so held he shall be deemed to be in legal
custody, and the Extradition Acts, 1870 and 1873, shall apply to
him as if he were in the prison to which he is committed, and
the forms of warrant used under the said Acts may be varied
accordingly.

EXTRADITION ACT 1895 - SECT 2
Short title and construction.

2. This Act may be cited as the Extradition Act, 1895, and shall
be construed together with the Extradition Acts, 1870 and 1873; and
those Acts and this Act may be cited collectively as the
Extradition Acts, 1870 to 1895.