S.L. 276.8 Art. 23Where person requested has been convicted.

(1) If the court is required to proceed under this article by virtue of article 13(4) it must decide whether the person was convicted in his presence.

(2) If the court decides the question in subarticle (1) in the affirmative it must proceed under article 24.

(3) If the court decides that question in the negative, it must decide whether from the Part II warrant it is shown that any of the following circumstances exist:

(a the person requested was in due time:

(i) summoned in person and thereby informed of the scheduled date and place of the trial which resulted in the decision, or by other means actually received official information of the scheduled date and place of that trial in such a manner that it was unequivocally established that he was aware of the scheduled trial; and

(ii) informed that a decision may be handed down if he does not appear for the trial; or

(b) the person requested, being aware of the scheduled trial, had given a mandate to legal counsel appointed by him or by the scheduled country, to defend him at his trial, and was indeed defended by the said legal counsel at the trial; or

(c) the person requested, after being served with the decision and being expressly informed of the right to a retrial or an appeal, in which he has the right to participate and which allows the merits of the case, including fresh evidence, to be re-examined and which may lead to the original decision being reversed, expressly stated that he does not contest the decision or he did not request a retrial or an appeal within the applicable timeframe; or

(d) the person against whom the relevant arrest warrant was issued was not personally served with the decision but:

(i) will be personally served with the said decision without delay after the surrender and will be expressly informed of his right to a retrial or an appeal, in which he will have a right to participate and which allows the merits of the case, including fresh evidence, to be re-examined, and which may lead to the original decision being reversed; and

(ii) will be informed of the time-frame within which he has to request such a retrial or an appeal as is mentioned in the Part II warrant.

(4) If the court decides the question in subarticle (3) in the affirmative it must proceed under article 24.

(5) If the court decides that question in the negative it must order the person’s discharge.