Extradition Act 1965

Discharge of prisoner if not conveyed out of State.

[Art. 18, in pt.]

34

34.— (1) Subject to section 32 and to subsection (2) of this section, if any person awaiting his surrender under this Part is not surrendered and conveyed out of the State within one month after the committal, or within one month after the conclusion of habeas corpus proceedings brought by him or on his behalf, whichever is the later, the High Court may, on application made by or on behalf of that person and upon proof that reasonable notice of the intention to make the application has been given to the Minister, order the person to be discharged from custody.

(2) Where, on application to the High Court under subsection (1), the Court is satisfied—

( a) that the state of health of the person claimed or other circumstances beyond the control of the State or the requesting country have prevented the person claimed from being conveyed out of the State, and

( b) that it is likely that within a reasonable time such circumstances will no longer prevent his removal, the Court may fix a period within which he may be surrendered and he shall be released if not conveyed out of the State within that period.