|
No. 18 of 2004 |
AN ACT TO AMEND THE EXTRADITION
ACT |
[Date of Assent — 26th August,
2004] |
Enacted by The Parliament of The
Bahamas. |
1. This Act may be cited as the
Extradition (Amendment) Act, 2004. | Short title. |
2. Section 11 of the Extradition
Act is amended by the deletion of subsection (5) and the substitution of the
following new subsections - | Amendment of section 11 of Ch. 96. |
Ch. 52.
| "(5)An appeal shall lie to the
Court of Appeal in any proceedings upon application for habeas corpus under
subsection (1) against an order for the release of the person restrained as
well as against the refusal of such order and for that purpose the Court of
Appeal may exercise, as the Court deems fit, any of the powers conferred upon
it by subsection (4) of section 21 of the Court of Appeal Act. |
| | (6)An appeal under subsection (5)
shall not affect the right of the person restrained to be discharged in
pursuance of the order under appeal and to remain at large pending the
determination of the appeal unless an order under subsection (7) is in force. |
| | (7)Notwithstanding subsection (6),
in the case of an application to the Supreme Court for habeas corpus where the
applicant would, but for the decision of the Court, be liable to be detained,
and immediately after that decision the respondent gives notice that he intends
to appeal, the Court may make an order providing for the detention of the
applicant, or directing that he shall not be released except on bail so long as
any appeal under this Act is pending.". |
3. The amendments made by
section 2 of this Act shall apply to all pending extradition proceedings
commenced before the coming into operation of this Act except in the case where
a final order for a writ of habeas corpus has been granted. | Removal of doubt. |