PART 50EXTRADITION

EVIDENCE AT EXTRADITION HEARING

Introduction of additional evidence50.15

1

Where a party wants to introduce evidence at an extradition hearing under the law that would apply if that hearing were a trial, the relevant Part of these Rules applies with such adaptations as the court directs.

2

If the court admits as evidence the written statement of a witness—

a

each relevant part of the statement must be read or summarised aloud; or

b

the court must read the statement and its gist must be summarised aloud.

3

If a party introduces in evidence a fact admitted by another party, or the parties jointly admit a fact, a written record must be made of the admission.

[Note. The admissibility of evidence that a party introduces is governed by rules of evidence.

Under section 202 of the Extradition Act 20031057, the court may receive in evidence—

a

a warrant to which Part 1 of the Act applies;

b

any other document issued in a territory to which Part 1 of the Act applies, if the document is authenticated as required by the Act;

c

a document issued in a territory to which Part 2 of the Act applies, if the document is authenticated as required by the Act.

Under sections 84 and 86 of the Act, which apply to evidence, if required, at an extradition hearing to which Part 2 of the Act applies, the court may accept as evidence of a fact a statement by a person in a document if oral evidence by that person of that fact would be admissible, and the statement was made to a police officer, or to someone else responsible for investigating offences or charging offenders.

Under section 205 of the Act, section 9 (proof by written witness statement) and section 10 (proof by formal admission) of the Criminal Justice Act 19671058 apply to extradition proceedings as they apply in relation to proceedings for an offence.]