R v Howard - [1985] 2 NZLR 216

Criminal law — Extradition from Commonwealth country — Issue of warrants and arrest of fugitives — Fugitive was arrested in New Zealand on a provisional warrant then remanded in custody under a warrant issued under s 47 of the Summary Proceedings Act — Original warrant issued in Australia had been endorsed by a Proceedings Act — Original warrant issued in Australia had been endorsed by a New Zealand Court but not executed when fugitive escaped from the custody of a Prison Superintendent — Whether fugitive was in lawful custody when he escaped — Whether provisional warrant automatically expired when original warrant was endorsed — Whether 1881 Act was a code preventing machinery provisions of Summary Proceedings Act 1957 from being used to remand fugitive in custody — Fugitive Offenders Act 1881, ss 13 and 16.