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Bahamas Numbered Acts |
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No. 18 of 2004 |
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AN ACT TO AMEND THE EXTRADITION ACT |
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[Date of Assent - 26th August, 2004] |
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Enacted by The Parliament of The Bahamas. |
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1.
This Act may be cited as the
Extradition (Amendment) Act, 2004.
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Short title. |
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2.
Section 11 of the Extradition
Act is amended by the deletion of subsection (5) and the
substitution of the following new subsections
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Amendment of section 11 of Ch. 96. |
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Ch. 52.
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"(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.
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(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.
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(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.".
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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.
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Removal of doubt. |
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URL: http://www.commonlii.org/bs/legis/num_act/ea2004229