Tucker v S (A437/17)
Tucker v S (A437/17) [2018] ZAWCHC 24; 2018 (1) SACR 616 (WCC) (21 February 2018)
The court held that bail application proceedings in extradition matters are in essence criminal in nature, as they deal with the arrest, detention, and surrender for prosecution of persons accused or convicted of offences. Section 65 of the Criminal Procedure Act applies to appeals against the refusal of bail in extradition proceedings, and such appeals may be heard by a single judge of the High Court. The court rejected the distinction made by Binns-Ward J that extradition bail appeals are civil in nature and require two judges, finding instead that the substance of the proceedings is crimin…
Source excerpt
- Extradition Proceedings
- Bail Application
- Appeal Procedure
- Criminal Vs Civil Nature
- Urgent Applications