Document ID: chunk:federal_register_of_legislation:C2004A03232:body:0:p18
Version: federal_register_of_legislation:C2004A03232
Segment Type: other
Provision Reference: 
Character Range: 42181–44762

of the opinion that—
       (i) the offence to which the requisition for the surrender relates is, or is by reason of the circumstances in which it is alleged to have been committed or was committed, an offence of a political character; or
       (ii) the requisition for the surrender has in fact been made with a view to try or punish the volunteer prisoner for an offence of a political character,
by warrant in accordance with the appropriate form prescribed for the purposes of this sub-section, order that a person specified in the warrant take the volunteer prisoner into custody and convey the volunteer prisoner to a place in that country or within the jurisdiction of, or of a part of, that country and there surrender the volunteer prisoner to a person appointed by that country to receive the volunteer prisoner.

SCHEDULE 1—continued
"(4) Where a person who is a fugitive referred to in sub-section (1) or a volunteer prisoner referred to in sub-section (3) is in custody—
    (a) in respect of an offence that is alleged to have been committed in Australia; or
    (b) by reason of a conviction in Australia for an offence,
the Attorney-General shall not make an order under the relevant sub-section in relation to the person until the person has been released from custody otherwise than by being granted bail.
"(5) Where an order has been made granting bail to a person who is a fugitive referred to in sub-section (1) or a volunteer prisoner referred to in sub-section (3), being bail granted—
    (a) in respect of an offence that is alleged to have been committed in Australia; or
    (b) in respect of an offence of which the person has been convicted in Australia, the Attorney-General shall not make an order under the relevant sub-section in relation to the person until the recognizances upon which the person was so granted bail have been discharged.
"(6) Where a person referred to in sub-section (5) is in custody pursuant to this Act, the Federal Court, or the Supreme Court of the State or Territory in which the person is held in custody, may order the release on bail of the person on such terms and conditions as the Court thinks fit.
"(7) A warrant issued pursuant to sub-section (1) or (3) may be executed according to its tenor.
"(8) If a person escapes from the custody of a person executing a warrant referred to in sub-section (7) in or to a State or Territory, the person may be apprehended in the same manner as a person accused of an offence against the law in force in that State or Territory may be apprehended after an escape from lawful