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perly affected, accept that evidence and find a verdict of guilt? If the answer to that is "yes", then the person must be committed, in custody, to await his surrender to the U.S.A. If the answer is"no", he must be discharged.
In case of urgency, a person sought to be extradited may be provisionally arrested on a warrant issued by the Governor following an application to him through the diplomatic channel. Such applications must be accompanied by an indication of an intended request for extradition to the U.S.A., a statement of the existence of a warrant for the arrest of the person sought, a description of the person, and such further information as would be necessary to justify the issue of a warrant in Turks and Caicos Islands.
arrest
6. Following his proмisonal/the person sought must be brought
before the Governor who will have to adjourn the hearing of the case until the U.S.A. authorities have provided the supporting documents and evidence required for request and subsequent committal for extradition. If they do not do so within 45 days of the arrest, the person arrested must be set at liberty. (Though a subsequent request will still Be valid).
Since the Governor is in these circumstances, as in the case of a nontaal request for extradition, acting as a Magistrate, it is persumed that he has power to admit a
prousally arrested person to bail. (There is nothing in the treaty which deals with the point specifically.) If he does consider granting bail, the Governor may have regard to any or all the matters usually considered by a court on an, application for bail, bearing in mind particularly that the whole purpose of extradition proceedings is to bring a fugitive criminal to justice. The fact that he has "escaped" from the requesting country, makes it highly likely that he will abscond again if given the opportunity to do so, particularly if he has no good reason to be in the Islands apart from his supposed immunity from extradition.
*...
7. While remandedin custody by order of the Governor, the person remanded will not/secure his release by an application for a writ of habeas corpus.
8.
If the fugitive criminal is committed to be extradited, he may not be surrended to the U.S.A. before 15 days have elapsed after his sol. irtal to allow time for him to apply for a writ of brand
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