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Fugitive Offenders.

[39 VICT.]

10

A.D. 1876. if satisfied that the warrant was lawfully issued, may endorse such warrant in manner provided by this Act, and the warrant so endorsed shall be a sufficient authority to apprenend the offender in the part of Her Majesty's dominions in which it is endorsed, and bring him before a magistrate.

Provisional warrant for apprehen-

sion of

fugitive

offender.

Dealing with

fugitive offender

5

4. A magistrate may issue a provisional warrant for the appre- hension of a fugitive offender on such information, and under such circumstances as would in his opinion justify the issue of a warrant if the offence had been committed or the offender convicted within his jurisdiction, and such warrant may be backed and executed 10 accordingly.

A magistrate issuing a provisional warrant shall forthwith send a report of the issue, together with the information or a certified copy thereof, if he is in the United Kingdom, to a Secretary of State, and if he is in a British possession, to the governor of that possession, and 15 such Secretary of State or governor may, if he think fit, cancel the warrant, and discharge the person apprehended under it.

5. A fugitive offender when apprehended shall be brought before a magistrate, who shall hear the case in the same manner and have when appre- the same jurisdiction and powers, as near as may be, as if the 20

offender were charged with an offence committed within his jurisdic. tion.

hended.

See 6 & 7 Vict, c. 34, 29, 1-3.

Return of Fugitive ofender by warrant. See 6 & 7

Vict., c. 34,

5. 5.

If the endorsed warrant for the apprehension of the offender is duly authenticated, and such evidence is produced as (subject to the provisions of this Act) would, according to the law ordinarily 25 administered by the magistrate, justify the committal of the offender if the offence had been committed or the offender convicted within the jurisdiction of the magistrate, the magistrate shall commit the offender to prison to await his return, and shall forthwith send a certificate of the committal and such report of the case as he may 30 think fit, if in the United Kingdom to a Secretary of State, and if in

a British possession to the governor of that possession.

A fugitive offender apprehended on a provisional warrant may be remanded for such reasonable time as under the circumstances seems requisite for the production of an endorsed warrant,

6. Where a fugitive offender has been committed to prison to await his return,

(1.) If he is so committed in the United Kingdom, a Secretary of

State; and

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(2.) If he is so committed in a British possession, the governor of 40

that possession,

Note to clause 4.

This clause is similar to s. 18 of the Extradition Act, 1870. The object is to allow a magistrate upon an information being sworn before him, that 4.B. has committed an offence in a colony, and is within his jurisdiction, to issue a warrant for 1.B.'s appre hension. Thus, if the metropolitan police receive a telegram from (say) the Ottawa police, stating that .B., an alleged criminal, will arrive by a particular steamer, “ policeman will be able to swear an information and obtain a warrant to apprehend .4.B. on his arrival.

The law officers, I believe, advised two or three years ago that a warrant might be issued in such a case at Hong-Kong upon receipt of a telegram from Shanghae, but as pointed out in the memorandum prefixed to the Bill this must be based upon the old cases which have since been clearly abandoned in the case of the extradition of offenders to foreign States, and of the return of offenders to the colonies.

Whatever the law may be, it seems desirable to make it clear that such an arrest is authorized, and also to prevent an improper exercise of it.

To prevent an improper exercise of this power of arrest, it is provided, as in the Extradition Act, that a

special report shall be made of it to a Secretary of State for

Governor, who may discharge the person arrested.

The warrant will, under clause 5, only authorise the remand of the offender until the colonial warrant is produced and endorsed.

Note to clause 5.

This clause follows the existing, Act in allowing any single justice to commit a person apprehended to prison to await his return.

Under the Extradition Act the proceedings were limited to the metropolitan police court Bow Street, with a view of obtaining uniformity of procedure.

It is worth consideration whether one justice should have the power to commit the offender to prison; it might involve the necessity for the Secretary of State practically to rehear the case.

(559)

D

PUBLIC RECORD OFFICE

Reference :-

mummimC.O. 885

PUBLIC RECORD OFFICE, LONDON

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