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5. If the apprehension of the accused is a matter of urgency, His Majesty's representative in the country where he is may be instructed by the Secretary of State by telegram to apply for provisional arrest in anticipation of the claim for extradition. Where a treaty provides for the provisional arrest of a fugitive in a foreign country, it usually fixes a period (varying from 14 to 60 days) from the date of arrest, within which period the formal claim for extradition, supported by the evidence, must be made.
6. An application to the Secretary of State must be accompanied by the warrant of arrest or a certified copy of it, evidence in support of the charge or a certified copy, an indemnity for expenses, a description of the accused sufficient for purposes of identification with (if possible) a photograph, and all available information with regard to his whereabouts. In a case of urgency the evidence to support the claim for extradition may be sent later.
7. In special cases, police officers may by arrangement be sent out to help the foreign Police in tracing the accused or in supporting the claim for extradition after his arrest. Arrangements for bringing the prisoner back to this country must always be made through the Police, the prosecutor being liable to them for expenses so incurred.
Return of Criminals from His Majesty's Dominions Overseas under the Fugitive Offenders Act, 1881.
8. Under this Act it is possible to secure the arrest of any person against whom a warrant of arrest has been issued in this country for any offence punishable by imprisonment with hard labour for a term of twelve months or more, or by any greater punishment, and who is in any part of His Majesty's Dominions, other than the United King- dom, the Channel Islands, the Isle of Man or the Irish Free State or in some foreign country to which the Act has been applied by Order in Council, e.g., certain British protectorates and other places where His Majesty exercises jurisdiction in pursuance of treaty or otherwise.
9. The Police in this country can communicate direct with the Police of any part of His Majesty's Dominions overseas where a fugitive is believed to be, for the purpose of tracing him or (if circumstances make the case urgent) for requesting is provisional arrest, but the subsequent proceedings for securing his return to this country must be taken through the Home Office.
10. Before taking action, an indemnity for any expenses that may be incurred is required. This is in the same form as that given in extradition cases (see paragraph 1).
11. An application to the Home Office to take action should be accompanied by an indemnity as above, the warrant of arrest in duplicate, evidence in support of the charge and a certified copy of the same, and a description of the accused sufficient for the purpose of identification. The original warrant of arrest and the copy deposi tions must be authenticated at the Home Office and are then sent to
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the Colony. The Home Office is prepared to take action in urgent cases on production of the warrant of arrest and an indemnity for expenses with a sufficient assurance that the proper evidence will be forthcoming in due course.
12. The evidence submitted should be such as would be sufficient to justify the committal of the accused for trial in this country. It should also include a deposition by some competent person citing the statute under which the charge is brought, and testifying (1) that the statute is still in force; (2) that the facts charged, if established by evidence, constitute the offence dealt with by such statute; and (3) that the offence dealt with in such statute is punishable in England by some punishment within the terms of Section 9 of the Fugitive Offenders Act, 1881. Such evidence can conveniently be given by the Clerk to the Justices or other officer of the Court which has cognizance of the case.
13. Section 29 of the Act expressly authorises a Magistrate to take depositions for the purposes of the Act in the absence of the accused in like manner as though he were present.
14. It is sometimes desirable that an English police officer shoul be sent to assist in tracing the accused or to give evidence. He should then take out with him the duplicate warrant of arrest; also the original depositions, after they have been authenticated at the Home Office.
15. Provision is made in Section 27 of the Act for the conveyance, in the custody of the master of a British ship, of a prisoner whose return has been duly authorised to this country, but it is usually found necessary to send out a police officer to take charge of the prisoner. All expenses so incurred must be borne by the prosecutor or by the Police.
Form of Indemnity.
WHEREAS, on an information laid by me, the undersigned, a warrant has been granted by..
a Magistrate of the.
arrest of..
to.
.of.
.for the
.on a charge of.
AND WHEREAS, information has been obtained that the said is now in or on the way
AND WHEREAS, at my request, the Secretary of State for the Home Department, on behalf of His Majesty's Government, has agreed, on the terms and conditions hereinafter stated, to take the necessary steps with a view to obtain the *.
of the said.
Now I, the undersigned, do hereby agree and undertake, for myself, my executors, administrators, and assigns, to pay on demand to the said Secretary of State, or to the Secretary of State for the Home
**** Extradition or Surrender under the Fugitive Offenders Act, 1881."
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