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S.L. 276.5 · Extradition (Designated Foreign (S.L. 276.5)

S.L. 276.5 Art. 71Competing claims to extradition.

PART IV

In KraftAmtlicher Text

(1) This article applies if at the same time -

(a) there is a Part II warrant in respect of a person, a certificate has been issued under article 7 in respect of the warrant, and the person has not been returned in pursuance of the warrant or discharged, and

(b) there is a request for the same person’s extradition from a country other than a scheduled country (hereinafter in this article referred to as the "competing request") and the person has not been returned in pursuance of the request or discharged.

(2) The Minister may -

(a) order proceedings (or further proceedings) on the warrant to be deferred until the competing request has been disposed of, if neither the warrant nor the request has been disposed of;

(b) order the person’s return in pursuance of the warrant to be deferred until the competing request has been disposed of, if an order for his return in pursuance of the warrant has been made.

(3) In applying sub-article (2) the Minister must take account in particular of the circumstances in paragraphs (a) to (c), both inclusive, of article 21(4) of the relevant Act, as well as of the following matters:

(a) the place where each offence was committed (or was alleged to have been committed);

(b) whether in the case of each offence, the person is accused of its commission (but not alleged to have been convicted) or is alleged to be unlawfully at large after conviction.