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Power of Magistrate or court to release, or postpone surrender of, person

Extradition Act 1968

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If a Magistrate before whom a person is brought in pursuance of section 25, or a court to which the person has applied for an Order for Review of Detention, is satisfied that, by reason of —(a)the trivial nature of the offence that the person is alleged to have committed or has committed;(b)the accusation against the person not having been made in good faith or in the interests of justice; or(c)the passage of time since the offence is alleged to have been committed or was committed,and having regard to the circumstances under which the offence is alleged to have been committed or was committed, it would be unjust, oppressive or too severe a punishment to surrender the person to a declared Commonwealth country, or to surrender him before the expiration of a particular period, the Magistrate or court may —(d)order that the person be released;(e)order that the person be surrendered after the expiration of a period specified in the order and order his release on bail until the expiration of that period; or(f)make such other order as he or it thinks just.

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