- Flynote
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Section 10(1) of the Extradition Act 67 of 1962 – discharge
of person whose extradition is requested on question of law – appealable
in terms of s 310(1) of the Criminal Procedure Act 51 of 1977. Procedure
for preparing stated case in terms of s 310(1) – questions of law to be
determined by Director of Public Prosecutions – magistrate to prepare
stated case in relation to those questions – magistrate to state factual
findings on which questions were answered – person discharged not
entitled to notice that the DPP has requested the magistrate to state a case
– not entitled to make representations in relation to the terms of the stated
case.
Section 3(1) of Extradition Act – meaning of expression 'committed
within the jurisdiction' – not confined to territorial jurisdiction of court of
requesting state – refers to the power of the court in the requesting state to
conduct criminal trial in relation to person whose extradition was
requested and determine their guilt or innocence – extradition permissible
where all criminal acts were committed outside the territorial jurisdiction
of the requesting state's courts
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Cited documents 18
Judgment 10
Legislation 8
1. | Criminal Procedure Act, 1977 | 3919 citations |
2. | Insolvency Act, 1936 | 3597 citations |
3. | Magistrates' Courts Act, 1944 | 2746 citations |
4. | Prevention of Organised Crime Act, 1998 | 947 citations |
5. | Merchant Shipping Act, 1951 | 391 citations |
6. | Prevention and Combating of Corrupt Activities Act, 2004 | 362 citations |
7. | Prevention and Combating of Trafficking in Persons Act, 2013 | 49 citations |
8. | Prevention and Combating of Torture of Persons Act, 2013 | 33 citations |
Documents citing this one 1
Judgment 1
1. | Kouwenhoven v Minister of Police and Others (888/2020) [2021] ZASCA 119 (22 September 2021) | 4 citations |