CO129-396 - Public Offices - 1912 — Page 442

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1063

GECE Bow Street, RESSO JAN 12

22nd December 1911

Sir,

I beg to submit the following observations upon the

question asked by the Colonial Office in the papers which I

return herewith as to whether a foreign Government is con-

sidered in this country to have a right of appearance in extradition

cases.

ای وای ده ست پدیده بود.

As regards the proneedings at this Court: it is the practice

to hear Solicitor or Counsel for the Government at whose instance

the proceedings are instituted if that Government desires to

instruct some legal representative to conduct the case; but with

the exception of the French Government whose le al representative

appears at Bow Street in all French extradition cases it seldom

happens that any Foreign Government instructs any me her of the

legal profession to support the case at this Court.

-

-

Under the treaties with pain and Switzerlend provision is medo

that in cases where it may be necessary the Goverments of these

countries shall be represented at the English Courts by the Law

Officers of the Crown.

He provision is made under other treaties, or under the

Extradition Acts, for affording any legal assistance to the

Magistrates who deal with extradition cases at this Court: but in

a case of unusual int refs or difficulty, application is sometimes

the

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made, either by demanding Government, or by the lagistrate seised

of the case, for the case to be tek in had by the Director of

Public Prosecutions.

As regards proceedings in the High Court: the practice is for

the defendant to make an ex parte application, upon affidavit, for

e zule nisl for 2 writ of habeas Corpus; end the discussion takes

place upon the argument of such rule before a Divisional Cours

(see

Led