John Edward Power Wallis and Simeon Eben Baldwin

“ The United Kingdom has extradition treaties with practically all civilized foreign countries; and though it is not practicable to state which of the statutory extradition offences are included in each, it may be said generally that crimes 1 to 17 inclusive are covered in all, though Rumania has reserved the right to refuse, and Portugal does refuse, to surrender for a crime punishable with death. ”

“ After committal for extradition, every prisoner has fifteen days in which to apply for habeas corpus, and after such period, or at the close of the habeas corpus proceedings if they are unsuccessful, the home secretary issues his warrant for surrender, and the prisoner is handed over to the officers of the foreign government. ”

“ Procedure.—To obtain from a foreign country the extradition of a fugitive from the United Kingdom, it is necessary to procure a warrant for his arrest, and to send it, or a certified copy, to the home secretary together with such further evidence as is required by the treaty with the country in question. In most, cases an information or deposition containing evidence which would justify a committal for trial in Great Britain will be required. ”

“ Some jurists, Grotius among them, incline to hold that a state is bound to give up fugitive criminals, but the majority appear to deny the obligation as a matter of right, and prefer to put it on the ground of comity. ”

“ For the arrest in the United Kingdom of fugitive criminals whose extradition is requested by a foreign state, two procedures are provided in ss. 7 and 8 of the act of 1870:— (1) On a diplomatic requisition supported by the warrant of arrest and documentary evidence, the home secretary, if he thinks the crime is not of a political character, will order the chief magistrate at Bow Street to proceed; and such magistrate will then issue a warrant of arrest on such evidence as would be required if the offence had been committed in the United Kingdom. ”

“ A warrant issued by a metropolitan police magistrate may be executed, without backing, by a metropolitan police officer anywhere, and there are certain other exceptions, but as a rule a warrant cannot be executed without being backed by a local magistrate. ”

“ The Fugitive Offenders Act applies— (1) as between the United Kingdom and any British possession, (2) as between any two British possessions, and (3) as between the United Kingdom or a British possession and certain foreign countries, such as Turkey and China, in which the crown exercises foreign jurisdiction. ”