eSwatini
Fugitive Offenders (Commonwealth) Act, 1969
Act 9 of 1969
- Assented to on 7 May 1969
- Commenced on 16 May 1969
- [This is the version of this document at 1 December 1998.]
Part I – Preliminary
1. Short title
This Act may be cited as the Fugitive Offenders (Commonwealth) Act, 1969.2. Interpretation
In this Act, unless the context otherwise requires—“application for habeas corpus” includes an application for a writ of habeas corpus ad subjiciendum or of de homine libero exhibendo;“authority to proceed” means an order made under section 7(1);“country” means any Commonwealth country and all dependencies of a Commonwealth country;“court of committal” means a court established under the Subordinate Courts Proclamation (Cap. 20) and presided over by a magistrate specially designated for the purposes of this Act by the Chief Justice by notice in the Gazette;“dealt with” means tried or returned or surrendered to any country or detained with a view to trial or with a view to such return or surrender;“designated country” has the meaning assigned to it by section 4;“imprisonment” includes detention of any description;“magistrate” means a person entitled by section 4(2)(a) of the Magistrates Courts Act, No. 66 of 1938 to hold a court;“Minister” means the Prime Minister;“provisional warrant” means a warrant issued under section 8(1)(b).Part II – Return of offenders
3. Persons liable to be returned
4. Designated countries
5. Relevant offences
6. General restrictions on return
Part III – Proceedings for return
7. Authority to proceed
8. Arrest for purposes of committal
9. Proceedings for committal
10. Review and habeas corpus
11. Order for return to requesting country
12. Discharge in case of delay in returning
12bis. Return of escaped prisoners
If a person who has been convicted of a relevant offence in a designated country is unlawfully at large before the expiry of his sentence for that offence or in breach of a condition of a licence to be at large is found in Swaziland, the provisions of this Act relating to the arrest and return of a person accused of a relevant offence shall apply with such modifications and adaptations as are necessary for the purpose of returning such person to the country in which he was convicted.[Added A.10/1992]13. Evidence
14. Custody
15. Form of warrants and orders
Any warrant or order to be issued or made by the Minister under any of the foregoing provisions of this Act shall be given under the hand of the Minister.Part IV – Treatment of persons returned from designated countries
16. Restriction upon proceedings for other offences
17. Restoration of persons not tried, or acquitted
Part V – Supplementary
18. Attorney-General’s right to appear at extradition proceedings
The Attorney-General, or any person delegated by him, may appear at any inquiry or at any proceedings in the High Court under this Act.19. Rules of Court
19bis. Amendment of Schedule
The Minister may by Legal Notice published in the Gazette amend the Schedule to this Act.[Added A.10/1992]20. Regulations
The Minister may make regulations prescribing the forms of notices, warrants, recognizances and orders and other forms to be used for the purposes of this Act.History of this document
01 December 1998 this version
Consolidation
16 May 1969
Commenced
07 May 1969
Assented to