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EXTRADITION ACT 1870 - SECT 10

Committal or discharge of prisoner.

10. In the case of a fugitive criminal accused of an extradition crime, if the
foreign warrant authorizing the arrest of such criminal is duly authenticated,
and such evidence is produced as (subject to the provisions of this Act)
would, according to the law of England, justify the committal for trial of the
prisoner if the crime of which he is accused had been committed in England,
the police magistrate shall commit him to prison, but otherwise shall order
him to be discharged.

In the case of a fugitive criminal alleged to have been convicted of an
extradition crime, if such evidence is produced as (subject to the provisions
of this Act) would, according to the law of England, prove that the prisoner
was convicted of such crime, the police magistrate shall commit him to prison,
but otherwise shall order him to be discharged.

If he commits such criminal to prison, he shall commit him... there to await
the warrant of a Secretary of State for his surrender, and shall forthwith
send to a Secretary of State a certificate of the committal, and such report
upon the case as he may think fit.

© 1870 Crown Copyright

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