s 19 Surrender of fugitive
19.—(1) When, under this Part, a Magistrate commits a person (called in this section the prisoner) to prison, or otherwise orders that he or she be held in custody, to await the warrant of the Minister for his or her surrender to a foreign State or declared Commonwealth territory (as the case may be), the Magistrate is to inform the prisoner —(a) that the prisoner may apply for a review of the order under section 17 or waive his or her right to do so; and (b) that the prisoner will not be surrendered until after the expiry of the period of 15 days after the date of the committal or order, unless the prisoner waives his or her right to apply for a review of the order under section 17. (2) After the later of the following dates:(a) the expiry of the period mentioned in subsection (1)(b); (b) if an application for review of the order is brought, the date that the proceedings are finally determined by the General Division of the High Court, the Minister may if he or she decides that the prisoner is to be surrendered to the foreign State or declared Commonwealth territory, issue a warrant — (c) in accordance with Form 6 in the Second Schedule; or (d) where the prisoner is held in custody otherwise than at a prison, in accordance with that Form with any modification that is necessary to meet the circumstances of the case. (3) A prisoner who is committed to prison or held in custody under subsection (1) may indicate, at any time within the period of 15 days after the date of the committal or order, that he or she wishes to waive his or her right to apply for a review of the order under section 17. (4) Where a prisoner indicates that he or she wishes to waive his or her right to apply for a review of the order under section 17, the Magistrate must, before recording the prisoner’s consent to the waiver —(a) ascertain that the prisoner’s consent is given voluntarily; and (b) inform the prisoner of the following consequences of his or her consent to the waiver:(i) the remainder of the 15-day waiting period after the date of the committal or order will be lifted; (ii) the prisoner will be surrendered to the foreign State or declared Commonwealth territory as soon as practicable; (iii) the prisoner will not be entitled to apply for a review of the order under section 17. (5) Where —(a) the Magistrate is satisfied that the prisoner’s consent is given voluntarily; and (b) the prisoner, after having been informed of the consequences of his or her consent to the waiver in accordance with subsection (4)(b), affirms his or her consent, the Magistrate must record the prisoner’s consent to the waiver and must commit him or her to prison to await the warrant of the Minister for his or her surrender to the foreign State or declared Commonwealth territory. (6) Where the Magistrate is of the opinion that it would be dangerous to the life or prejudicial to the health of the person to commit him or her to prison, the Magistrate may, in lieu of committing the person to prison, by warrant in accordance with Form 5 in the Second Schedule with any modification that is necessary to meet the circumstances of the case, order that he or she be held in custody —(a) at the place where he or she is for the time being, or at any other place to which the Magistrate considers that he or she can be removed without danger to his or her life or prejudice to his or her health; and (b) until such time as he or she can without such danger or prejudice be committed to prison or he or she is surrendered. (7) Where, under this section, a Magistrate commits a person to prison or otherwise orders that he or she be held in custody, the Magistrate is to forthwith send to the Minister a certificate to that effect and such report (if any) relating to the proceedings as the Magistrate thinks fit. (8) Where the Magistrate has recorded the prisoner’s consent in accordance with subsection (5), the Minister may, after the date of the recording of the consent, if he or she is satisfied that the prisoner is to be surrendered to the foreign State or declared Commonwealth territory, issue a warrant —(a) in accordance with Form 6 in the Second Schedule; or (b) where the prisoner is held in custody otherwise than at a prison, in accordance with that Form with any modification that is necessary to meet the circumstances of the case. (9) A warrant issued under subsection (2) or (8) may order that the prisoner —(a) be delivered into the custody of a person specified in the warrant; (b) be conveyed by that person to a place in the foreign State or declared Commonwealth territory or within the jurisdiction of, or of a part of, that State or territory; and (c) be surrendered there to some person appointed by the foreign State or declared Commonwealth territory to receive him or her. (10) This section does not apply to or in relation to a person who has informed a Magistrate that he or she consents to his or her surrender to the foreign State or declared Commonwealth territory.[Act 17 of 2022 wef 01/07/2022] [Act 31 of 2022 wef 01/11/2022]