Commonwealth Consolidated Acts

EXTRADITION ACT 1988 - SECT 18

  (1)   Where:

  (a)   a person is on remand under section   15; and

  (b)   the Attorney - General has given a notice under subsection   16(1) in relation to the person;

the person may inform a magistrate or eligible Judge that the person consents to being surrendered to the extradition country concerned in relation to the extradition offence, or all of the extradition offences, for which surrender of the person is sought by that country.

  (1A)   If:

  (a)   the Attorney - General has given a notice (the original notice ) under subsection   16(1) in relation to a person; and

  (b)   during proceedings conducted in relation to the person under this section, the Attorney - General gives an amended notice under subsection   16A(2) in relation to the person; and

  (c)   the amended notice specifies one or more extradition offences that were not specified in the original notice; and

  (d)   the magistrate or Judge considers it necessary to give the person time to inform the magistrate or Judge whether the person consents to being surrendered to the extradition country in relation to any of those extradition offences;

the magistrate or Judge may adjourn the proceedings for such period as the magistrate or Judge considers reasonable to allow the person to so inform the magistrate or Judge .

  (2)   Where the person informs the magistrate or Judge that he or she so consents, the magistrate or Judge shall, unless the magistrate or Judge has reason to believe that the consent was not given voluntarily:

  (a)   advise the person that the effect of so consenting will be that:

  (i)   the person will be committed to prison or, subject to subsection   ( 3), released on bail, 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; and

  (b)   if, after the person has been advised as mentioned in paragraph   ( a), the person again consents to being surrendered--order that the person be committed to prison or (subject to subsection   ( 3)) released on bail, to await:

  (i)   surrender under a surrender warrant or temporary surrender warrant; or

  (ii)   release, or the discharge of the recognisances on which bail was granted, under an order under subsection   22(5).

  (3)   A magistrate or eligible Judge must not release a person on bail under this section unless there are special circumstances justifying such release.

  (4)   If a magistrate or eligible Judge makes an order under paragraph   ( 2)(b), the magistrate or Judge must advise the Attorney - General in writing of the offence or the offences in respect of which the person has consented.

  (5)   An order committing a person to prison under paragraph   ( 2)(b) must be made by warrant in the statutory form.