Part 1 Extradition to Other States

Apprehension of Fugitive

Article 14 Detention of fugitive

(1) Subject to subsection (2), but notwithstanding any other Act, a fugitive who is apprehended on a warrant issued under section 10 shall be detained in custody pending the determination of his case pursuant to section 13.

(2) The fugitive need not be detained in custody if he establishes to the satisfaction of a magistrate that, having regard (in addition to any other relevant factors) to the length of time the fugitive has resided in Barbados,

(a) his detention is not necessary to ensure his attendance whenever it is required for the purposes of this Act, and

(b) his detention is not necessary in the public interest or for the protection or safety of the public, having regard to all the circumstances, including any substantial likelihood that he might, if released from custody commit a criminal offence or an interference with the administration of justice.

Part 1 Extradition to Other States

Apprehension of fugitive

Article 17 Committal for surrender

(1) Where a fugitive is brought before him pursuant to section 13, the magistrate shall, notwithstanding that section 7 appears to apply to the fugitive, issue his warrant for the committal of the fugitive to prison if,

(a) when the fugitive is alleged to have been convicted of an extradition crime and to have been unlawfully at large, such evidence is produced before the magistrate as would, in accordance with the law of Barbados as modified by this Act, satisfy him that the fugitive has been so convicted and was unlawfully at large, or

(b) when the fugitive is accused of an extradition crime, such evidence is produced before the magistrate as would, in accordance with the law of Barbados as modified by this Act, justify the committal of the
fugitive for trial had the extradition crime occurred in Barbados.

(2) Upon committal of a fugitive to prison pursuant to subsection (1), he shall remain there until he is surrendered to the Commonwealth country or foreign state that is seeking his surrender, or until he is discharged according to law.