Tardrew, W.B. v Director of Public Prosecutions [1987] FCA 753

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CATCHWORDS

CRIMINAL LAW AND PROCEDURE - application under Judicial Review Act

- whether bail permitted after committal to prison under Extradition (Commonwealth Countries) Act - held discretion to grant bail.

JUDICIAL REVIEW - application to grant bail pending review of Magistrate's decision - case not frivolous - whether applicant likely to answer bail important consideration.

Administrative Decisions (Judicial Review) Act 1977 s.15 Extradition (Commonwealth Countries) Act 1966 s.15

William Bruce Tardrew v. Director of Public Prosecutions Qld G298 and 299 of 1987

PINCUS J. BRISBANE 24 DECEMBER 1987

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G298 & 299 of 1987 GENERAL DIVISION )

BETWEEN: WILLIAM BRUCE TARDREW

Applicant

AND: DIRECTOR OF PUBLIC PROSECUTIONS

Respondent MINUTES OF ORDER JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER : 24 DECEMBER 1987 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The application to suspend the operation of the order of the Stipendiary Magistrate of 22 December 1987 be refused;

2. The costs of the application be the respondent's costs in the proceedings.

Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G298 & 299 of 1987 GENERAL DIVISION )

BETWEEN: WILLIAM BRUCE TARDREW

Applicant

AND: DIRECTOR OF PUBLIC PROSECUTIONS

Respondent

PINCUS J. 24 DECEMBER 1987

REASONS FOR JUDGMENT

The applicant seeks relief in respect of an order made

by a Stipendiary Magistrate under the Extradition (Commonwealth

Countries) Act 1966. He has attacked the order by an application under s.17 of that Act and also by an application under the

Administrative Decisions (Judicial Review) Act 1977. The learned

Magistrate committed the applicant to prison and he wishes to be