S.L. 276.5 · Extradition (Designated Foreign (S.L. 276.5)
S.L. 276.5 Art. 5Warrants.
PART II
(1) The provisions of this Part apply to any arrest warrant as is referred to in sub-article (2).
(2) The reference to any arrest warrant in sub-article (1) is a reference to a relevant arrest warrant for prosecution or a relevant arrest warrant after conviction.
(3) A relevant arrest warrant for prosecution is a warrant issued by a judicial authority of a scheduled country and which contains -
(a) the statement referred to in sub-article (4), and
(b) the information referred to in sub-article (5).
(4) The statement referred to in sub-article (3)(a) is one that the person in respect of whom the warrant is issued is wanted in the scheduled country for the purposes of conducting a criminal prosecution for the commission of an offence specified in the warrant.
(5) The information is -
(a) to the extent applicable, the particulars mentioned in article 13(2)(b)(i) and (ii) of the relevant Act: Provided that this paragraph shall be deemed to have been complied with notwithstanding the fact that a copy of the relative enactments or of a statement of the relevant law may have not been furnished;
(b) particulars of any other warrant issued in the requesting country for the person’s arrest in respect of the offence;
(c) particulars of the sentence which may be imposed under the law of the requesting country in respect of the offence if the person is convicted of it.
(6) A relevant arrest warrant after conviction is a warrant issued by a judicial authority of a scheduled country and which contains -
(a) the statement referred to in sub-article (7) and
(b) the information referred to in sub-article (8).
(7) The statement is one that -
(a) the person in respect of whom the warrant is issued is alleged to be unlawfully at large after conviction of an offence specified in the warrant by a court in the scheduled country, and
(b) the warrant is issued with a view to his arrest and extradition to the scheduled country for the purpose of being sentenced for the offence or of serving a sentence of imprisonment or another form of detention imposed in respect of the offence.
(8) The information is -
(a) to the extent applicable, the particulars mentioned in article 13(2)(b)(i) and (ii) of the relevant Act: Provided that this paragraph shall be deemed to have been complied with notwithstanding the fact that a copy of the relative enactments or of a statement of the relevant law may have not been furnished;
(b) particulars of the conviction;
(c) particulars of any other warrant issued in the requesting country for the person’s arrest in respect of the offence;
(d) particulars of the sentence which may be imposed under the law of the requesting country in respect of the offence, if the person has not been sentenced for the offence;
(e) particulars of the sentence which has been imposed under the law of the requesting country in respect of the offence, if the person has been sentenced for the offence.
(9) Any arrest warrant to which this Part applies may be transmitted by any secure means capable of producing written records and under conditions permitting the ascertainment of its authenticity.
Änderungsgeschichte
- Amended by L.N. 421 of 2013