Extradition Regulations (Amendment)

Administered by Attorney-General's Department

Legislation au F1996B01275 Regulations Not in force Legislative Instrument

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Extradition Regulations (Amendment)1992 No. 333
 

EXPLANATORY STATEMENT

Statutory Rules 1992 No. 333

Issued by the authority of the Attorney-General

Extradition Act 1988

Extradition Regulations (Amendment)

Section 55 of the Extradition Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

The Extradition Regulations (the Regulations) provide mechanisms necessary for the practical operation of the Act, such as giving magistrates the power to issue summonses, warrants of arrest and order the forfeiture of recognizances. The Regulations also prescribe forms in relation to matters required by the Act to be done in statutory form, such as issuing warrants for surrendering persons and holding them in custody. These statutory forms are contained in the Schedule to the Regulations.

The Regulations are in need of amendment to take account of amendments to the Act and to remedy deficiencies in the statutory forms. The Regulations will:

•       omit the existing regulation 13 and substitute a new regulation and, as a consequential amendment, omit Statutory Form No. 3. This will have the effect of enabling the remand procedures in section 15 of the Act to be applied to a person who has been arrested, while on bail, without warrant, in accordance with section 49A of the Act;

•       include references to police officers in the opening address of Form 8, references to police officers and escort officers in the opening addresses of Forms 13, 14 and 15 and references to escort officers in the opening addresses of Forms 21, 23 and 24 and make consequential amendments elsewhere in these forms;

•       add two new Statutory Forms, 20A and 20B. These will be the prescribed statutory forms required by section 33A of the Act, which enables consent extraditions to New Zealand;

•       amend the directive parts of Forms 21 and 22 to ensure conformity with the relevant section of the Act;

•       replace the word "exemption" which was inserted by a typographical error in Forms 13 and 14 with the word "exception"; and

•       amend the opening addresses of Forms 11, 12 and 22 to ensure conformity with the opening addresses of other forms.

Details of the Regulations are at Attachment A.

Attachment A

Details of the Regulations

Regulation 1: Provides that the Regulations are to be amended as set out in the amending Regulations.

Regulation 2: Omits the existing regulation 13, which provides for the issuing of an arrest warrant for non-compliance with bail conditions, and replaces it with a new regulation 13, which enables the remand procedures in section 15 of the Act to be applied to a person who has been arrested, while on bail, without warrant.

The reason for this change is that section 49A of the Act provides for arrest of a potential extraditee for non-compliance with bail conditions without wan-ant.

Regulation 3: Makes various changes to the prescribed forms that appear in the Schedule to the Regulations.

Subregulation 3.1 deletes Form 3 in the Regulations which is the prescribed form of the arrest warrant referred to in the existing regulation 13.

Subregulation 3.2 amends the opening address in Form 8 to include a reference to a specified police officer as well as a Magistrate. Form 8 is the prescribed form for a warrant enabling transfer of a person on remand in accordance with a direction by the Attorney-General to a Magistrate as provided for in section 15 of the Act. It confers authority on a specified police officer, as well as the Magistrate, to achieve its purpose, and as such the amendment includes a reference to a specified police officer in the address.

Subregulations 3.3, 3.4 and 3.5 amend the substantive part of Form 8 consequent to the change in the opening address effected by subregulation 3.2.

Subregulation 3.6 amends the opening addresses of Forms 11 and 12 to ensure they are in conformity with the opening addresses of other forms.

Subregulation 3.7 amends the opening address in Form 13 to include a reference to police officers and to escort officers, as well as to the person in whose custody the extraditee is being held. Form 13 is the prescribed form for a surrender warrant issued by the Attorney-General pursuant to section 23 of the Act. Form 13 confers authority on police officers and escorts, as well as the person in whose custody the extraditee is held, and as such the amendment includes references to the former in the address.

Subregulation 3.8 corrects a typographical error in Form 13. The word "exemption" should be replaced by the word "exception".

Subregulations 3.9 and 3.10 amend the substantive part of Form 13 consequent to the changes in the opening address effected by subregulation 3.7.

Subregulation 3.11 amends the opening address in Form 14 to include references to police officers and to escort officers, as well as to the person in whose custody the extraditee is being held. Form 14 is the prescribed form for a temporary surrender warrant issued by the Attorney-General pursuant to section 24 of the Act. It confers authority on police officers and escorts, as well as the person in whose custody the extraditee is held, and as such the amendment includes references to the former in the opening address of the form.

Subregulation 3.12 corrects a typographical error in Form 14. The word "exemption" should be replaced by the word "exception".

Subregulations 3.13 and 3.14 amend the substantive part of Form 14 consequent to the changes in the opening address effected by subregulation 3.11.

Subregulation 3.15 amends the opening address in Form 15 to include references to police officers and to escort officers, as well as to the person in whose custody the extraditee is being held. Form 15 is the prescribed form for the surrender warrant issued by the AttorneyGeneral pursuant to section 25 of the Act. It confers authority or! police officers and escorts, as well as the person in whose custody the extraditee is held, and as such the amendment includes references to the former in the opening address of the form.

Subregulations 3.16 and 3.17 amend the substantive parts of Form 15 consequent to the changes in the opening address effected by subregulation 3.15.

Subregulation 3.18 inserts two new statutory forms, Forms 20A and 20B, into the Schedule as a consequence the insertion into the Act of section 33A in 1990. Section 33A provides for an extraditee sought by New Zealand to consent to his or her surrender to that country. Subsection (2) of section 33A then provides for a Magistrate to issue warrants, in the statutory form, ordering the person's surrender to New Zealand and committing the person to prison whilst awaiting such surrender. The new Forms 20A and 20B are the prescribed forms for the warrants.

Subregulation 3.19 amends the opening address in Form 21 to include a reference to escort officers, as well as police officers. Form 21 is the prescribed form for a warrant issued by a Magistrate pursuant to section 34 of the Act ordering the surrender of an extraditee to New Zealand. It confers authority on an escort officer to achieve its purpose and, as such, the amendment includes a reference to the escort as well as police officers in the address.

Subregulation 3.20 amends that part of the surrender warrant (Form 21) that orders the surrender and authorises actions to be done to achieve it. The change brings the directive part of Form 21 into conformity with the requirements of paragraph 34 (1) (c).

Subregulations 3.21. 3.22 and 3.23 amend the substantive part of Form 21 consequent to the change in the opening address effected by subregulation 3.19.

Subregulation 3.24 amends the opening address in Form 22 to ensure conformity with the opening address of other forms.

Subregulation 3.25 amends the directive part of Form 22, which is the prescribed form for the committal warrant provided for in paragraph 34 (1) (d) of the Act. The change brings the directive part of Form 22 into conformity with the requirements of paragraph 34 (1) (d).

Subregulation 3.26 amends the opening address in Form 23 to include a reference to escort officers, as well as police officers. Form 23 is the prescribed form for a temporary surrender warrant for New Zealand issued by the Attorney-General pursuant to section 36 of the Act. It confers authority on escorts, as well as police officers, and, as such, the amendment includes references to the former in the opening address of the form.

Subregulations 3.27. 3.28 and 3.29 amend the substantive part of Form 23 consequent to the changes in the opening address effected by subregulation 3.26.

Subregulation 3.30 amends the opening address in Form 24 to include a reference to escort officers, as well as police officers. Form 24 is the prescribed form for a surrender warrant issued under section 37 of the Act following the prior issue of a temporary surrender warrant pursuant to section 36. It confers authority on escorts, as well as police officers, and, as such, the amendment includes references to the former in the opening address of the form.

Subregulations 3.31. 3.32 and 3.33 amend the substantive part of Form 24 consequent to the change in the opening address effected by subregulation 3.28.

 

Overview

The Extradition Regulations (Amendment) 1992 No. 333 was enacted to amend the Extradition Regulations of 1988 to account for changes in the Extradition Act 1988 and to rectify deficiencies in the statutory forms prescribed under the Act. These regulations, issued under the authority of the Attorney-General, are intended to streamline the extradition process by updating the legal instruments and forms necessary for its practical operation. The changes include enabling the application of remand procedures to individuals arrested without a warrant while on bail, updating references to relevant officers in various forms, correcting typographical errors, and introducing new forms to accommodate consent extraditions to New Zealand. The policy objective of these amendments is to ensure that the extradition process is both legally sound and practically efficient, facilitating smoother cooperation with other jurisdictions in the pursuit of justice.

Scope and Application

The Extradition Regulations (Amendment) 1992 No. 333 amends the Extradition Regulations made under the Extradition Act 1988 to reflect changes in the Act and correct deficiencies in statutory forms. The amended Regulations apply to individuals and entities involved in extradition processes, such as magistrates, police officers, and those who may be subject to extradition. The Regulations apply nationally, in accordance with the Commonwealth jurisdiction of the Extradition Act. There are no specific exclusions or exemptions stated in the amendment, but the application of the Regulations is contingent on compliance with the Extradition Act. The amendment extends the application of the Regulations through the introduction of new statutory forms and the modification of existing ones to ensure they align with the updated legal framework. These changes are intended to streamline the extradition process and ensure that all procedures and forms adhere to the requirements of the Act.

Key Provisions

The Extradition Regulations (Amendment) 1992 No. 333 amends the Extradition Regulations (the Regulations) to align them with the changes in the Extradition Act 1988 (the Act). The Regulations themselves, found in section 55 of the Act, establish mechanisms necessary for the Act's practical operation, including the issuance of summonses, warrants of arrest, and the forfeiture of recognizances by magistrates. They also prescribe forms for statutory requirements, such as warrants for surrendering persons and holding them in custody. The amendments to the Regulations include the omission of regulation 13, which previously provided for the issuing of an arrest warrant for non-compliance with bail conditions, and its replacement with a new regulation 13. This change enables the application of the Act's remand procedures to a person arrested, while on bail, without warrant, in accordance with section 49A of the Act. Additionally, the amendments introduce new statutory forms and make various changes to existing forms to correct typographical errors and ensure conformity with the Act. The obligations imposed by the amended Regulations include the duty to adhere to the new statutory forms and procedures outlined for arrest, remand, and surrender warrants. This involves ensuring that all warrants and forms comply with the updated Regulations, including the inclusion of references to police officers and escort officers where appropriate, and the correction of typographical errors. For example, Form 8, the prescribed form for a warrant enabling the transfer of a person on remand, must now include a reference to a specified police officer in its opening address. Similarly, Forms 13, 14, 15, 21, 23, and 24 must reflect references to both police officers and escort officers in their opening addresses, as they confer authority on these individuals. The new Forms 20A and 20B, prescribed for consent extraditions to New Zealand, must be used in accordance with the requirements of section 33A of the Act. Breaches of the amended Regulations may result in legal consequences. While the Regulations themselves do not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance, any failure to adhere to the prescribed forms and procedures could potentially lead to challenges in the courts regarding the validity of warrants and the legality of arrests and surrenders. In the broader context of the Extradition Act 1988, non-compliance with statutory requirements could affect the extradition process and potentially result in the extradition request being denied or delayed. The precise penalties for such breaches would depend on the specific legal context and the court's interpretation of the statutory requirements.

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