Extradition Act 1993

Link to law: http://laws.gov.ag/acts/1993/a1993-12.pdf

No. 12 of 1993. The Extradition Act, 1993. ANTIGUA
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' I Assent,

B.T. Carrott,
Govenor-General's Deputy.

26th May, 1993.

ANTIGUA AND BARBUDA

No. 12 of 1993

AN ACT to consolidate and revise the Law relating to Extra&-
tion.

[ 17th June 1993 ]

ENACTED by the Parliment of Antigua and Barbuda as
follows -

PART I

PRELIMINARY

1. This Act may becitedas theExtradition Act 1993 andcomes shoa title and
into operation on aday to be fixed by theMinister of Legal Affairs commencement.
by order published in the Gazette.

2. (1) In this Act - Interpretation.

"appropriate authority" has the meaning assigned to it by
section 8 (9);

"zlutlpority to proceed" has the meaning assigned to it by
section 9 (1);

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"Commonwealth country" means a Commonwealth coun-
try (other than Antigua and Barbuda) and includes any part
or political subdivision thereof or any dependency thereof;

"court of committal" has the meaning assigned to it by
section 11 (1);

"dependency" in relation to a foreign state or Common-
wealth country means a dependent territory including a
protectorate and a protected state of a foreign state or
commonwealth country;

"designated commonwealth country" has the meaning
assigned to it by section 7 (1);

"extradition crime" is to be construed in accordance with
section 4;

"extradition arrangements", "general extradition arrange-
ments" and "special extradition arrangements" have the
meanings assigned to them by section 5;

"foreign state" means any state (other than Antigua and
Barbuda) that is not a Commonwealth country;

"extradition request" has the meaning assigned to it by
section 9 (1);

"Minister" means the Minister charged with the responsi-
bility for External Affairs;

"provisional warrant" has the meaning assigned to it by
section 10 (1).

(2) For the purposes of this Act a person convicted in his
absence in a Commonwealth country or a dependency shall be
treatedas aperson accusedof the offence of which he is convicted.

PART I1

APPLICATION

Liability to 3. (1) Where extradition procedures under Part TV are avail-
extradition. ableasbetweenAntiguaandB&udaandafo&@ s@&, a p m n

in Antigua and Barbuda who -

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(a) is accused in that state of the commission of ax-
extradition crime; or

(b) is alleged to be unlawfully at large after conviction
of an extradition crime by a court in that state, may
be arrested and returned to that state in accordance
with those procedures.

(2) Subject to the provisions of this Act, a person in Antigua
and Barbuda who is zccused of an extradition crime in a desig-
nated Commonwealth country or who is alleged to be unlawfully
at large after conviction of such an offence in any such country,
may be arrested and returned to that country in accordance with
extradition procedures under Part IV.

4. (1) In this Act, "extradition crime" means - Meaning of
"extradition

(a) conduct in the territory of a foreign or designated
"ime''.

Commonwealth country which, if it occurred in
Antigua and Barbuda would constitute an offence
punishable with imprisonment for a term of twelve
months, or any greater punishment, and which, how-
ever described in the law of the foreign state or
Commonwealth country, is so punishable under that
law:

(b) an extra-territorial offence against the law of a
foreign state or designated Commonwealth country - which is punishable under that law with imprison-
ment for a term of twelve months, or any greater
punishment, and which satisfies -

(i) the condition specified in subsection (2); or

(ii) all the conditions specified in subsection (3).

(2) The condition mentioned in subsection (1) (6) (i) is that in
corresponding ckclamstances equivalent conduct would consti-
tute an extra-aeltxitorlal offence against the law of Antigua and
Barbuda wnish&Pe with imprisonment for a term of 12 monlhs,
cur any gwnzer punishment.

(3) The casndirbas menaio~~ed in subsectron (1) (b) (ii) are -

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(a) that the foreign state or Commonwealth country
bases its jurisdiction on the nationality of the of-
fender;

(b) that the conduct constituting the offence occurred
outside Antigua and Barbuda, and

(c) that, if it occurred in Antigua and Barbuda, it would
constitute an offence under the law of Antigua and
Barbuda punishable with imprisonment for a term of
twelve months, or any greater punishment.

(4) For the purposes of subsections (1) to (3) -

(a) the law of a foreign state or designated Comrnon-
wealth country includes the law or any part of it; and

(b) conduct in a colony or dependency of a foreign state
or of a designated Commonwealth country, or a
vessel, aircraft or hovercraft of a foreign s@te or of
such a country, shall be treated as if it were conduct
in the temtory of that state or country.

Arrangements for 5. (1) In this Act "extradition arrangements" means arrange-
availability of Part ments made with a foreign state under which extradition proce-
IV procedure. dures under Part IV will be available as between Antigua and

Barbuda and that State.

(2) Extradition arrangements may be -

(a) arrangements of a general nature made with one or
more states and relating to the operation of extradi-
tion procedures under Part IV (in this Act referred to
as "general extradition arrangements"); or

(b) arrangements relating to the operation of those pro-
cedures in particular cases (in this Act referred to as
"special extradition arrangements") made with a
state with which there are no general extradition
arrangements.

Orders as 10 6. (1) Where general extradition arrangemenls have been
extradlt~on. made, the Minister may, by Order published in h e Gazette,

reciting or embodying the terms of the arrangements, direct that

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this Act, so far as it relates to extradition procedures under Part
IV, shall apply as between Antigua and Barbuda and the foreign
state, or any foreign state, with which they have been made,
subject to the limitations, restrictions, exceptions and qualifica-
tions, if any, contained in the Order.

(2) An Order under this section shall not be made unless the
general extradition arrangements to which it relates -

(a) provide for their determination after the expiration of
a notice given by a party to them and not exceeding
one year or for their denunciation by means of such
a notice; and

(b) are in conformity with the provisions of this Act, and
in particular with the restrictions on return contained
in Part III.

(3 ) An Order under this section shal! be conclusive evidence
that the arrangements therein referred to comply with this Act and
that this Act, so far as it relates to extradition procedures under
Part IV, applies in the case of the foreign state, or any foreign state,
mentioned in the Order.

(4) An Order under this section shall be laid before Parliament
after being made.

(5 ) 4n Order under this section which does not provide that a
person may only be returned to the foreign state requesting his
return if the court of committal is satisfied that the evidence would
be sufficient to warrant his trial if the extradition crime had taken
place within the jurisdiction of the court shall be subject to
annulment in pursuance of aresolution of the House of Represen-
tatives.

7. (1) The Minister may by Order published in the Gazerte Procedure for
designate for the purposes of section 3 (2) any Commonwealth dcsignationetc.
country; and any country so designated is in this Act referred to
as a "designated Commonwealth country".

(2) The Minister may by Order published in the Gazette direct
that this Act shall have effect in relation to the return of persons
to, or in relation to persons returned from, any designated
Commonwealth country subject to such exceptions, adaptations

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or modifications as may be specified in the Order.

(3) Any Order under this section may contain such transitional
or other incidental and supplementary provisions as may appear
to the Minister to be necessary or expedient.

(4) For the purposes of any Order under subsection (1) any
temtory for the external relations of which a Commonwealth
country is responsible may lx treated as part of that country or,
if the Government of that country so requests, as a separate
country.

(5) Any Order under this section shall be subject to annulment
in pursuance of a resolution of the House of Representatives.

PART 111

RESTRICTIONS ON RETURN

General restric- 8. (1) A person shall not be returned under Part IV, or
tions. committed or kept in custody for the purposes of return, if it

appears to an appropriate authority -

(a) that the offence of which that person is accused or
was convicted is an offence of a political character;

(b) that it is an offence under military law which is not
also an offence under the general criminal law;

(c) that therequest for his return (though purporting to be
made on account of an extradition crime) is in fact
made for the purpose of prosecuting or punishing him
on account of his race, religion, nationality or politi-
cal opinions; or

(d) that he might, if returned, be prejudiced at his trial or
punished, detained or restricted in his personal lib-
erty by reason of his race, religion, nationality or
political opinions.

(2) A person who is alleged to be unlawfully at large dkr
conviction of an extradition crime shall not be returned to a
foreign state, or committed or kept in custody for the purposes of
return to a foreign state, if it appears to an appropriate authority--

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(a) that the conviction was obtained in his absence; and

(b) that it wouldnot be in the interests of justice to return
him on the ground of that conviction.

(3) A person accused of an offence shall not be returned, or
committed or kept in custody for the purposes of return, if it
appears to an appropriate authority that if charged with that
offence in Antigua and Barbuda he would be entitled to be
discharged under any rule of law relating to previous acquittal or
conviction.

(4) A peison shall not be returned, or committed or kept in
custody for the purposes of such return, unless provision is made
by relevant law, or by an arrangement made with the relevant
foreign state, or Commonwealth country, for securing that he will
not, unless he has first hadan opportunity to leave it, be dealt with
there for or in respect of any offence committed before his return
to it other than -

(a) the offence in respect of which his return is ordered;

(b) an offence, other than an offence excluded by subsec-
tion (3, which is disclosed by the facts in respect of
which his return was ordered; or

(c) subject to subsection (6), any other offence being an
extradition crime in respect of which the Minister
may consent to his being dealt with.

(5) The offences excluded from subsection (4) (b) are offences
in relation to which an order for the return of the person concerned
could not lawfully be made.

(6) The Minister may not give consent under subsection (4) (c)
in respect of an offence in relation to which it appears to him that
an order for the return of the person concerned could not lawfully
be made, or would not in fact be made.

(7) Any such arrangement as is mentioned in subsection (4)
which is ma& with adesignated Commonwealth country may be
an arrangement made for the particular case or an arrangement of
a more general nature; and for the purposes of that subsection a
certificate issued by or under the authority of the Minister

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confirming the existence of an arrangement with a Common-
wealth country and staling its terms shall be conclusive evidence
cf the matters contained in the certificate.

(8) In relation to a Commonwealth country the reference in
subsection (1) to an offence of a political character does not
include an offence against the life or person of the Head of the
Commonwealth or attempting or conspiring to commit, or assist-
ing, counselling or procuring the commission of or king acces-
sory before or after the fact to such an offence, or of impeding the
apprehension or prosecution of persons guilty of such an offence.

(9) In this Act "appropriate authority" means -

(a) the Minister;

(b) the court of committal;

(c) the High Court on an application for habeas corpus;

(d) the court of Appeal on an applica~on for review of the
order of committal.

(10) In this section, in relation to Commonwealth countries,
"race" includes tribe.

PART IV

PROCEDURE

Extradition request 9. (1) Subject to the provisions of this Act relating to provi-
and authority to sional warrants, a person shall not be dealt with under this Part
proceed. except in pursuance of an order of the Minister (in this Act referred

to as an "authority to proceed") issued in pursuance of a request
(in this Act referred to as an "extradition request") for the
surrender of a person under this Act made -

(a) by some person recognized by the Minister as a
diplomatic or consular representative of a foreign
state; or

(b) by or on behalf of the Government of a designated
Commonwealthcountry, or theGovernor of acolony.

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(2) There shall be furnished with any such request -

(a) particulars of the person whose return is requested;

(b) particulars of the offence of which he is accused or
was convicted (including evidence sufficient to jus-
tify the issue of a warrant for his arrest under this Act);

(c) in the case of a person accused of an offence, a
warrant for his arrest issued in the foreign state,
Commonwealth counUy or colony; and

(d) in the case of a person unlawfully at large after
conviction of an offence, a certificate of the convic-
tion and sentence;

and copies of them shall be served on the person whose return is
requested before he is brought before the court of committal.

(3) Regulations under section 30 (2) may make provisions as
to the procedure for service under subsection (2).

(4) On receipt of any such request the Minister may issue an
authority to proceed unless it appears to him that an order for the
return of the person concerned could not lawfully be made, or
would not in fact be made, in accordance with the provisions of
this Act.

(5) An authority to proceed shall specify the offence or
offences under the law of Antigua and Barbuda which it appears
to the Minister would be constituted by equivalent conduct in
Antigua and Barbuda.

(6) In this section "warrant", in the case of a foreign state,
includes any judicial document authorizing the arrest of a person
accused of a crime.

10. (1) For the purposes of this Part a warrant for the arrest of Arrest for purposes
a person may be issued - of committal.

(a) on receipt of an authority to proceed by a magistrate
or an additional magismite;

(b) without such an authority -

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(i) by a magistrate or an additional magistrate; or

(ii) by a justice of the peace, upon information that
the said person is or is believed to be in or on
his way to Antigua and Barbuda,

and any warrant issued by virtue of paragraph (b) is in this Act
referred to as a "provisional warrant".

(2) A person empowered to issue warrants of arrest under this
section may issue such a warrant if he is supplied with such
evidence as would in his opinion justify the issue of a warrant for
the arrest of a person accused or, as the case may be, convicted
within his jurisdiction and it appears to him that the conduct
alleged would constitute an extradition crime.

(3) Where a provisional warrant is issued under this section,
the authoirity by whom it is issued shall forthwith give notice to
the Minister, and transmit to him the information and evidence,
or certified copies of the information and evidence, upon which
it was issued; and the Minister may in any case, and shall if he
decides not to issue an authority to proceed in respect of the person
to whom the warrant relates, by order cancel the warrant and, if
that person has been arrested under it, discharge him from
custody.

(4) A warrant of arrest issued under this section may, without
being backed, beexecutedinany part of Antigua and Barbuda and
may be so executed by any person to whom it is directed or by any
member of the police force.

(5) Where a warrant is issued under this section for the arrest
of a person accused of an offence of stealing or receiving stolen
property in a designated Commonwealth country or a colony or
any other offence committed in such a country or in a colony in
respect of property, a Magistrate in Antigua and Barbuda shall
have the like power to issue a warrant to search for the property
as if the offence had been committed within his jurisdiction.

Roceedings for 11. (1) A person atrested in pursuance of a wanant under
committal. section 10 shall (unless previously discharged under subsection

(3) of that section) be brought as soon as practicable hefore a
Magistrates Court (in this Act referred to as "the mure of
committal") as may be directed by the w m &

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(2) For the purposes of proceedings under this section a court
of committal in Antigua and Barbuda shall have the like jurisdic-
tion and powers, as nearly as may be, including power to remand
in custody or on bail, as a magistrate's court acting as an
examining justice.

(3) Where -

(a) the extradition request is made by foreign state; and

(b) an order such as is mentioned in subsection (7) is in
force in relation to that state,

there is no need to furnish the court of commiaal with evidence
sufficient to warrant the trial of the anrested person if the extradition
crime had taken place within the juri

sdi

ction of the court.

(4) Where the person arrested is in custody by virtue of a
provisional warrant andnoauthority to proceed has been received
in respect of him, the court of committal may fix a period (of
which the court shall give notice to the Minister) after which he
will be discharged from custody unless such an authority has been
received.

(5) In exercising the power confened by subsection (4) in a case
where the extradition request is made under the general extradition
arrangements the court shall have regard to any period specified for
the purposes in the order relating to the arrangements.

(6) Where -

(a) the extradition request is made under general extra-
dition arrangements but no period is so specified; or

(b) the application is made under special extradition
arrangements,

the court of committal may fuc a reasonable period.

(7) Where an ai~thority toproceed has been issued in respect
of slhe person ,nested and Phe court of committal is satisfied, after
Rearing *my tepresenuh~jns made in support of the extradition
r q u e ~ t or on k,bulf of that person, tint the offence to which the
auhofitj relates is anextradition crime, and is further satisfied -

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(a) where that person is accusedof the offence, unless an
order giving effect to general extradition arrange-
ments under which the extradition request was made
otherwise provides, that the evidence would be suf-
ficient to warrant his trial if the extradition crime had
taken place within the jurisdiction of the court;

(b) where that person is alleged to be unlawfully at large
after conviction of the offence, that he has been so
convicted and appears to be so at large,

the court, unless his committal is prohibited by any other provi-
sion of this Act, shall commit him to custody or on bail -

(i) to await the Minister's decision as to his return;
and

(ii) if the Minister decides that he shall be returned,
to await his return.

(8) If the court commits a person under subsection (7), it shall
issue a certificate of the offence against the law of Antigua and
Barbuda which would be constituted by his conduct.

(9) If the court commits a person to custody in the exercise of
that power, it may subsequently grant bail if it considers it
appropriate to do so.

(a) the court is not satisfied as mentioned in subsection
(7) in relation to the person arrested; or

(b) his committal is prohibited by a provision of this Act,

it shall discharge him.

Statement of case 12. (1) If the court of committal refuses to make an order in
by court. relation to a person under section 1 1 in respect of the offence or,

as the case may be, any of the offences to which the authority to
proceed relates, the foreign state or Commop1wedth country
seeking the surrender of that person to it may question the
proceedings on the ground that it is wrong in law by @plying to
the court to state a case for the opinion of the High Conm on the
question of law involved.

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(2) If the foreign state or Commonwealth country seelung the
return immediately informs the court of committal that it intends
to make such an application, the court shall make an order
providmg for the detention of the person to whom the authority
to proceed relates, or directing that he shall not be released except
on bail.

(3) Rules of Court may specify -

(a) a period within which such an application must be
made unless the court grants a longer period; and

(b) a period withln which the court of committal must
comply with such an application.

(4) Where the court of committal fails to comply with an
application under subsection (1) within the period specified by
Rules of Court, the High Court may, on the application of the
foreign state or Commonwealth country that applied for the case
to be stated, make an order requiring the court to state a case.

(5) The High Court shall have power -

(a) to remit the case to the court of committal to decide
it according to the opinion of the High Court on the
question of law; or

(b) to dismiss the appeal.

(6) Where the High Court dismisses an appeal relating to an
offence, it shall by order declare that that offence is not an offence
in respect of which the Minister has power to make an order for
return in respect of the person whose return was requested.

(7) An order made by a magistrate under subsection (2) shall
cease to have effect if -

(a) the High Court dismisses the appeal in respect of the
offence or all of the offences to which it relates; and

(b) the foreign state or Commonwealth country does not
immediately inform the High Court that it intends to
appeal to the Court of Appeal.

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(8) The Court of Appeal may exercise any powers of the High
Court under subsection (3) and subsection (6) shall apply to the
Court of Appeal as it applies to the High Court.

(9) An order under subsection (2) shall have effect so long as
the case is pending.

(10) For the purposes of this section a case is pending (unless
proceedings are discontinued) until (disregarding any power of a
court to grant leave to take any step out of time) there is no step
that the foreign state or Commonwealth country can take.

Application for 13. (1) Where a person is commited under section 1 1, the court
habeas colpus etc. shall inform him in ordinary language of his right to make an

application for habeas corpus, and shall forthwith give notice of
the committal to the Minister.

(2) A person committed shall not be returned -

(a) in any case, unlll the expiration of the period of 15
days beginning with the day on which the order for
his committal is made;

(b) if an application for habeas corpus is made in his
case, so long as proceedings on that application are
pending.

(3) Without prejudice to any jurisdiction of the High Court
apart from this section, the court shall order the applicant's
discharge if it appears to the court in relation to the offence, or
each of the offences, in respect of which the applicant's return is
sought, that -

(a) by reason of the trivial nature of the offence; or

(b) by reason of the passages of time since he is alleged
to have committed it or to have become unlawfully
at large, as the case may be; or

(c) because the accusation against him is not made in
good faith in the interests of justice,

it would, having regard to all the circumstances, be unjust ox
oppressive to return him.

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(4) On any such application the court may receive additional
evidence relevant to the exercise of its jurisdiction under section
8 or subsection (3) of this section.

(5) Proceedings on an application for habeas corpus shall be
treated for the purposes of this section as pending (unless they are
discontinued) until (disregarding any power of the court to grant
leave to appeal out of time) there is no further possibility of an
appeal.

14. (1) Where a person is committed under section 11 and is Order for return.
not dischxged by order of the High Court, the Minister may by
warrant order him to be returned unless his retum is prohibited,
or prohibited forthe timebeing, by this Actor theMinisterdecides
under thls section to make no such order in hls case.

(2) Without prejudice to his general discretion as to the making
of an order for the return of a person to a foreign state or
Commonwealth country -

(a) the Minister shall not make an order in the case of any
person if it appears to the Minister in relation to the
offence, or each of the offences, in respect of which
his return is sought, that -

(i) by reason of its trivial nature; or

(ii) by reason of the passage of time since he is
alleged tohavecommitted it or to have become
unlawfully at large, as the case may be; or

(iii) because the accusation against him is not made
in good faith in the interests of justice,

it would, having regard to all the circumstances, be unjust or
oppressive to return him; and

(b) the Minister may decide to make no order for the
return of aperson accused or convicted of an offence
not punishable with death in Antigua and Barbuda if
the person could be or has been sentenced to death for
that offence in the country by which the request for
his retum is made.

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(3) An order for return shall not be made in the case of a person
who is serving a sentence of imprisonment or detention, or is
charged with an offence in Antigua and Barbuda -

(a) in the case of a person serving such a sentence, until
the sentence has been served;

(b) in the case of a person charged with an offence, until
the charge is disposed of or withdrawn or unless an
order is made for it to lie on the file and, if it results
in his serving a term of imprisonment or detention,
until the sentence has been served.

(4) The Minister may decide to make no order under ths section
for the return of a person committed in consequence of an extradition
request if another extradition request has been made in respect of him
and it appears to the Minister, having regard to all the circumstances
of the case and in particular -

(a) the relative seriousness of the offences in question;

(b) the date on which each such request was made; and

(c) the nationality or citizenship of the person concerned
and his ordinary residence;

that preference should be given to that other request.

(5) Notice of the issue of a warrant under this section for the
return of a person to a Commonwealth country shall forthwith be
given to the person to be returned.

Return to foreign 15. (1) The Minister shall give the person to whom an order
state supplemen- under section 14 (1) for the return to a foreign state would relate
'-arY. notice in writing that he is contemplating making such an order.

(2) The person to whom such an order would relate shall have
a right to make representations, at any time before the expiration
of the period of fifteen days commencing with the date on which
the notice is given, as to why he should not be returned to the
foreign state, and unless he waives that right, no such order shall
be made in relation to him before the end of that period.

(3) A norice under subsection (1) shall explain in ordinary
language the right conferred by subsection (2).

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(4) It shall be the duty of the Minister to consider any
representations made in the exercise of that right.

(5) Unless the person to whom it relates waives the right
conferredon him by subsection (6), he shall not be returned to the
foreign state until the expiration of the period of seven days
commencing with the date on which the warrant is issued or such
longer period as Rules of Court may provide.

(6) At any time within that period he may apply for leave to
seek judicd review of the Minister's decision to make the order.

(7) If he applies for judicial review, he may not be returned so
long as the proceedings for judicial review are pending.

(8) Proceedings for judicd review shall be treated for the
purposes of this section as pending (unless they are discontinued)
until (disregarding any power of the court to grant leave to appeal
out of time) there is no further possibility of an appeal.

(9) A warrant under section 14 -

(a) shall state in ordinary language that the Minister has
considered any representations made in the exercise
of the right conferred by subsection (2); and

(b) shall explain in ordinary language the rights con-
ferred by this section on a person whose return to a
foreign state has been ordered under section 14,

and a copy shall be given to the person to whom it relates as soon
as the order for his return is made.

16. (1) A person may give notice that he waives the rights Simplified
conferred on him by section 13. procedure.

(2) A notice under this section shall be given in the manner by
rules under this Act and the power tomake such rules shallinclude
power to make provision for a magistrate to order the committal
for return of a person with his consent at any time after his arrest.

(3) Where an order is made by virtue of this section, this Act
shall cease to apply to the person in respect of whom it is made,
except that, if he is not surrendered within one month after the

ANTIGUA 18 The Extradition Act, 1993. No. 12 of 1993.
AND

BARBUDA

order is made, the High Court, upon application by or on behalf
of that person, may unless reasonable cause is shown for the delay,
order him to be discharged.

Special extradition 17. (1) Where special extradition arrangements have been
made in respect of a person, extradition procedures shall be
available in the case of that person, as between Antigua and
Barbuda and the foreign state with which arrangements have been
made, subject to the limitations, restrictions, exceptions and
qualifications, if any, contained in the arrangements.

(2) If the Minister issues a certificate of special extradition
arrangements, it shall be conclusive evidence of all matters stated
in it.

(3) In subsection (2) "certificate of special extradition arrange-
ments" means a certificate -

(a) that special extradition arrangements have been made
in respect of a person as between Antigua and
Barbuda and a foreign state specified in the certifi-
cate; and

(b) that extradition procedures are avialable in the case
of that person as between Antigua and Barbuda and
the foreign state to the extent specified in the certifi-
cate.

Discharge in case 18. (1) If a person committed under section 11 is still in
of delay. Antigua and Barbuda after the expiration of the relevant period,

he may apply to the High Court for his discharge.

(2) Unless he has instituted proceedings for judicial review of
the Minister's decision to order his return the relevant period is -

(a) the period of two months beginning with the first day
on which, having regard to section 13 (2), he could
have been returned;

(b) where a wanant for his return bas km issued under
section 14, the period of one month kgi~wmg with
the day on which that warrant. was issued.

(3) If he has instituted such proceedings, hemlevmt periodis
the period expiring one month after they end.

No. 12 of 1993. The Extradition Act, 1993. 19

(4) Proceedings for judicial review and for the purposes of this
section shall be held -

(a) if they are discontinued, on the day of discontinu-
ance; and

(b) ifthey aredetermined, on the day of which (disregarding
any power of acourt to grant leave to appeal out of time)
there is no further possiblility of an appeal.

(5) If upon an zpplication under this section the court is
satisfied that reasonable notice of the proposed application has
been given to the Minister, the court may, unless sufficient cause
is shown to the contrary, by ~rder direct the applicant to be
discharged and, if a warrant for his return has been issued under
section 14, quash that warrant.

19. (1) Any person remanded or committed to custody under
this Part shall be committed to prison.

(2) If any person who is in custody by virtue of a warrant under
this Act escapes out of custody, he may be retaken in like manner
as a person escaping from lawful custody.

(3) A warrant for the return of any person shall be sufficient
authority for all persons to whom it is directed and all members
of the police force to receive that person, keep him in custcdy and
convey him to the jurisdiction to which he is to be returned.

PART V

TREATMENT OF PERSONS RETURNED

20. (1) Where any person is returned to Antigua and Barbuda
by a foreign state in pursumce of extradition arrangements, he
shall not, unless he has first restored or had an opportunity of
leaving Antiguaand Barbuda, be triable or be tried for any offence
committed prior to the states surrender in Antigua and Sarbuda,
other than -

(a) an offence in respect of which he was returned; or

ANTIGUA
AND

BARBUDA

Custody.

Restrictions upon
proceedings for
other offences in
case of persons
returned by foreign
states.

ill] my alrtemce disclosed by the particulars furnished to
the foreign stats on which his return is grounc2ed; or

ANTIGUA 20 The Extradition Act, 1993. No. 12 of 1993.
AND

BARBUDA

(c) any otheroffence inrespectof which the foreign state
may consent to his being tried.

(2) Where any person returned to Antigua and Barbuda in
pursuance of extradition arrangements has been convicted before
his return of an offence for which his return was not granted, any
punishment for that offence shall by operation of this section be
remitted; but his conviction for it shall be treated as a conviction
for all other purposes.

Restrictions upon
proceedings for
other offences in
case of persons
returned by
designated
Commonwealth
countries.

21. (1) This section applies to any person accused or convicted
of an offence under the law of Antigua and Barbuda who is
returned to Antigua and Barbuda from any designated Common-
wealth country, under any law of that country corresponding with
this Act.

(2) A person to whom this section applies shall not, during the
period described in subsection (3), be dealt with in Antigua and
Barbuda for or in respect of any offence committed before he was
returned to Antigua and Barbuda other than -

(a) the offence in respect of which he was returned;

(b) any lesser offence disclosed by the particulars fur-
nished to the Commonwealth country on which his
return is grounded; or

(c) any other offence in respect of which the Govern-
ment of the Commonwealth country or Governor of
the colony from which he was returnedmay consent
to his being dealt with.

(3) The period referred to in subsection (2) in relation to a
person to whom this section applies is the period beginning with
the day of his arrival in Antigua and Barbuda on his return as
mentioned in subsection (1) and ending forty five days after the
f is t subsequent day on which he has the opportunity to leave
Antigua and Barbuda.

(4) Where a person to whom this section applies has been
convicted before his return to Antigua and Barbuda of an offence
for which his return was not granted, any punishment for that
offence shall by operation of this section be remitaecl; but his
conviction for it shall be treated as a conviction for all other
purposes.

No. 12 of 1993. The Extradition Act, 1993. 21 ANTIGUA
AND

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(5) In this section "dealt with" means trial or returned or
surrendered to any country or detained with a view to trial or with
a view to such return or surrender.

22. (1) This section applies to any person accused of an offence Restoration of
under the law of Antigua and Barbuda who is returned to Antigua persons not tried or
and Barbuda in pursuance of extradition arrangements or as acquitted.
mentioned in section 21 (1).

(2) If in the case of a person to whom this section applies
either-

(a) proceedings against him for the offence for which he
was returned are not begun within the period of six
months beginning with the day of his atrival in
Antigua and Barbuda on being returned; or

(b) on his trial for that offence, he is acquitted,

the Minister may, if he thinks fit, on the request of that person,
arrange for him to be sent back free of charge and with as little
delay as possible to the jurisdiction of the foreign state or
Commonwealth country from which he was returned.

PART VI

SPECIAL CASES

23. (1)This section applies where -

(a) request is made -

(i) by some person recognized as a diplomatic or
consular representative of a foreign state or as
between which state and Antiguaand Barbuda
extradition procedures under Part IV are avail-
able; or

(ii) by or on behalf of the Government of a desig-
natedCommonwealthcountry or the Governor
of a colony,

Persons serving
sentences outside
country of
conviction.

for the arrest and return of a person in Antigua and Barbuda who
is alleged to be unlawfully at large from aprison in which he was

ANTIGUA 22 The Extradition Act, 1993. No. 12 of 1993.
AND

BARBUDA

serving a sentence in pursuance of international arrangements for
the repatriation of prisoners sentenced in one country ("the
country of conviction") to serve their sentences in another ("the
country of imprisonment"); and

(b) these are furnished with the request -

(i) particulars of the person whose return is re-
quested;

(ii) particulars of the offence of which he was
convicted (including evidence sufficient to
justify the issue of a warrant for his arrest under
the relevant legislation);

(iii) a certificate of the conviction and sentence;
and

(iv) a certificate of the international arrangements
for repatriation under which he was held.

(2) Where this section applies, the relevant legislation shall
have effect -

a ) if the request is from the country of conviction, as if
the person to whom the request relates were alleged
to be unlawfully at large from aprison in that country;
and

(b) if it is from the country of imprisonment, as if he were
alleged to have been convicted of a corresponding
offence under the law of that country commited
there,

and the question whether the person to whom the request relates
is to be returned shall be determined, subject to subsection (3), in
accordance with that legislation.

(3) A person shall not be returned under subsection (2) (b)
unless -

(a) the offence was committed in the country of convic-
tion; or

No. 12 of 1993. The Extradition Act. 1993. 23 ANTIGUA
AND

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(b) the offence was not committed there but was com-
mitted in circumstances in which he might be re-
turned on a request ma& by the country of his
conviction.

(4) In this section "the relevant legislation" means the provi-
sions of this Act that are relevant -

(a) if the case falls within paragraph (2) (a), to exuadi-
tion to the country of conviction; and

(b) if the case falls within paraglaph (2) (b), to extradi-
tion to the country of imprisonment.

24. (1) Except as provided by subsection (6) t!!is section has Extension of
effect where general extradition arrangements have not been PurPosesof
made with a state which is a party to a Convention to which this ~ ~ ~ ~ ' ' ' n ~ ~ r
section applies. Acts giving effect

to international

(2) The Conventions to which this section applies are: Convention.

(a) the Convention of Offences and certain other Acts
committed on board Aircraft, which was signed at
Tokyo on 14th September 1963 "the Tokyo Conven-
tion":

(6) the Convention for the suppression of Unlawful
Seizure of Aircraft, which wassignedat the Hague on
16th December, 1970 ("the Hague Convention");

(c) the Covention for the Suppression of Unlawful Acts
against the Safety of Civil Aviation, which was
signed at Montreal on 23rd September 1971 ("the
Monweal Convention";

(d) the Convention of the Prevention and Punishment of
Crimes against Internationally Protected Persons
adopted by the United Nations General Assembly in
1973 ("the Internationally Protected Persons Con-
vention");

(e) the International Convention against the Taking of
Hostages opened for signature at New York on 18th
December 1979 ("the Hostages Convention");

ANTIGUA 24 The Extradition Act, 1993. No. 12 of 1993.
AND

BARBUDA

Cf) the Convention on the Physical Protection of Nuclear
Material opened for signature at Vienna and New
York on 3rd March 1980 ("the Nuclear Material
Convention");

(g) The United Nations Convention against Torture and
other Cruel, Inhuman or Degrading Treatment or
Punishment adoptexl by the United Nations General
Assembly on the 10th December, 1984("The Torture
Convention").

(3) Where this section has effect, an order applying this Act
may be made by the Minister by Statutory Instrument under
section 4 as if a Convention to which this section applies that is
specifed in the order constituted general exaadition arrange-
ments between Antigua and Barbuda and the foreign state, or any
foreign state party to the Convention; but where this Act is so
applied, it shall have effect only in respect -

(a) of the relevant offences;

(b) of an attempt to commit a relevant offence;

(c) of counselling, procuring, commanding, aiding or
abetting a relevant offence; and

(d) of being accessory before or after the fact to a
relevant offence.

(4) The relevant offences are -

(a) in relation to the Tokyo Convention, any offence
committed on board an aircraft in flight;

No. 21 of 1975.
(b) in relation to the Hague Convention, any offence

committed under sections 2 and 3 of the Hijacking
Act;

(c) in relation to the Montreal Convention, any offence
committed in relation to unlawful acts against the
safety of civil aviation;

(d) in relation to the Internationally Protected Persons
Convention -

No. 12 of 1993. The Extradition Act, 1993. 25 ANTIGUA
AND

BARBUDA

(i) an offence referred to in section 3 of the
Internationally Protected Persons Act; which NO. 14 of 1993.
is committed against a protected person within
the meaning of that section;

(ii) an offence mentioned in section 4 of the Inter-
nationally Protected Persons Act which is No. 14 of 1993.
committed in connection with such a1 act as
is so mentioned: and

(iii) an offence under sections 5 and 6 of the
Internationally Protected Persons Act; NO. 14 of 1993.

(e) in relation to the Hostages Convention, an offence
under the Taking of Hostages Act; NO. 4 of 1993.

If3 in relation to the Nuclear Material Convention -

(i) an offence mentionedin section 3 of the Nuclear
Material (Offences) Act, which is committed No. 16 of 1993.
by doing an act in relation to or by means of
nuclear material: and

(ii) an offence under section 4 of the Nuclear
Material (Offences) Act, and NO. 16 of 1993.

(g) in relation to the Tmure Convention, Torture.

(5) An Order such as is mentioned in subsection (3) may not
provide tbat a court dealing with a person arrested for an offence
sMlnot be under aduty to determine whether the evidence would
be sufficient to warrant his trial if the offence had taken place
within the jmidlction of the court.

(6) For the purposes of general extradition procedures under
Part IV, in their application (whether or not by virtue of such an
order) as between Antigua and Barbuda and any other sfate, any
act or ommission, wherever it takes place, which constitutes -

(a) an offence mentioned in this section; and

(b) an offence against the law of that state, shall be
k m e d to be an offence committed within the
territory of that state.

ANTIGUA 26 The Extradition Act, 1993. No. 12 of 1993.
AND

BARBUDA

Genocide etc. 25. (1)For the purposes of this Act, no offence which, if
committed in Antigua and Barbuda would be punishable as an

NO. 20 of 1975. offence under the Genocide Act or as an Xtempt, conspiracy or
incitement to commit such an offence shall be regarded as an
offence of a political character, and no proceedings in respect of
such an offence shall be regarded as acriminal matter of apolitical
character.

(2) It shall not be an objection to any proceedings against a
person under this Act in respect of an offence which, if committed
in Antigua and Barbuda, would be punishable as an offence of
genocide or as an attempt, conspiracy or incitement to commit
such an offence that under the law in force at the time when and
in the place where he is alleged tohavecommitted the act of which
he is accused or of which he was convicted he couldnot have been
punished for it.

Suppression of 26. (1) For the purpose mentioned in subsection (2) -
terrorism.

(a) no offence to which section 3 of the Supression of
NO. 17 of 1993. Terrorism Act applies shall be regarded as an offence

of a political character; and

(b) no proceedings in respect of an offence to which that
section applies shall be regarded as a criminal matter
of a political character or as criminal proceedings of
a political character.

(2) The purpose is the purpose of a request for the return of a
person in accordance with extradition proceedings under Part IV
made by a country to which this subsection applies.

Hcstage taking. 27. (1) A person shall not be returned under this Act to a
designated Commonwealth country which is party to the Conven-
tion referred to in subsection (3), or committed or kept in custody
for the purposes of such return, if it appears to the appropriate
authority -

(a) that he might, i frewed, be prejudiced anthis mal by
reason of the impossibility of effecting cumunica-
tions between him and the vprupriate auborihes of
the state entitled to exercise righrs of pao&&onn irr
relation to Rim, and

No. 12 of 1993. The Extradition Act, 1993. 27 ANTIGUA
AND

BARBUDA

(b) that the act or omission constituting the offence of
which he has been accused or convicted also consti-
tuted an offence under section 3 of the Taking of
Hostages Act 1993 or a11 attempt to commit such an No. 4 of 1993.
offence.

(2) Where the Minister certifies that a country is a party to the
Convention, the certificate shall, in any proceedings under this
Act, be conclusive evidence of that fact.

(3) The Convention mentioned in subsections (1) and (2) is the
International Convetxion against the Taking of Hostages opened
for signature at New York on 18th December 1979.

PART VII

MISCELLANEOUS

28. (1) In extradition proceedings in relation to a person whose Authentication of
return has been requested by a foreign state, foreign documents foreign
may be authenticated by the oath of a witness, but shall in any case
be deemed duly authenticated -

(a) if they purport to be signed by a judge, magistrate or
officer of the foreign state where they were issued;
and

(b) if they purport to be certified by being sealed with the
official seal of the Minister of Justice, or some other
Minister of State, of the foreign state.

(2) Judicial nortice shall be taken of such certification as is
mentioned in subsection (1) (b), and documents authenticated by
such certification shall be received in evidence without further
proof.

29. (1) In any proceedings under this Act in relation to aperson Evidence -
whose return has been requested by adesignated Commonwealth Commonwealth
country, including proceedings on an application for habeas countries.

corpus in respect of a person in custody under this Act -

(kr) a d m a t , duly a~ttlnentiate& which purports to
XI oura evidence given on oath in a designated

th muntry ,&dl be admisable as evi-

ANTIGUA 28 The Extradition Act, 1993. No. 12 of 1993.
AND

BARBUDA

dence of the matters stated in it:

(b) a document, duly authenticated, which purports to
have been received in evidence, or to be a copy of a
document so received, in any proceedings in any
designated Commonwealth country shall be admis-
sible in evidence;

(c) a document, duly authenticated, which certifies that
a person was convicted on a date specified in the
document of an offence against the law of, or of apart
of, any such country shall be admissable as evidence
of the fact and date of the conviction.

(2) A document shall be deemed to be duly authenticated for
the purposes of this section -

(a) in the case of a document purporting to set out
evidence given as mentioned in subsection (1) (a), if
the document purports to be certitied by a judge or
magistrate in or of the country in question to be the
original document containing or recording that evi-
dence or a true copy of such a document;

(b) in the case of adocument which purports to have been
received in evidence as mentioned in subsection (1)
(b) or to be a copy of a document so received, if the
document purports to be certified as mentioned in
paragraph (a) to have been, or to be a m e copy of a
document which has been, so received,

(c) in the case of adocument which certifies thata person
was convicted as mentioned in subsection (1) (c), if
the document purports to be certified as mentioned in
paragraph (a),

and in any case the document is authenticated either by the oath
of a witness or by the official seal of a Minister of the designated
Commonwealth country or of the Governor or a Minister, Secre-
tary or other officer administering a department of the govern-
ment of the colony, as the case may be.

(3) Nothing in this section shall prejudice the m s s i o n in
evidence of any document which is admissible in evidence a p t
from this section.

No. 12 of 1993. The Extradition Act, 1993. 29 ANTIGUA
AND

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30. (1) Any warrant or order to be issued or made by the Form of warrants
Minister under this Act shall be given under the hand of the and Orders.
Minister or a Minister of State.

(2) The Minister may by regulations made by Statutory
Instrument make such regulations as are necessary for the purpose
of carrying out the provisions of this Act and, without limiting the
generality of the foregoing, he may, by such regulations, pre-
scribe the form of any document required for the purposes of this
Act in its application to return to foreign states (except a notice
under section 16) and the form of any warrant or order to be issued
or made under this Act in its application to return to Common-
wealth countries.

31. Notwithstanding the provisions of section 32 - Effect of former
law.

(a) the Extradition Acts 1870-1989 of the United
Kingdom and the Extradition Act (Cap. 108) shall
continue to apply to any extradition proceedmgs
pending before any court on the coming into force of
this Act;

(b) any order made under the Extradition Acts 1870-
1989 of the United Kingdom and the Extradition Act
(Cap. 108) shall have effect as if such order is made
under this Act;

(c) the forms or documents prescribed under the Extra-
dition Acts 1870-1989 of the UnitedKingdom shall
continue to beappliedmutarismutandisuntil they are
replaced.

32. (1) The Extradition Acts 1870-1989 of the United Repeal.
Kingdom which applies to Antigua and Barbuda as part of the
existing law shall, on the coming into force of this Act, cease to
apply to Antigua and Barbuda.

(2) The following Acts are repealed:-

(a) The Extradition Act,

(b) The Fugitive Offenders Act.

Cap. 108.

No. 31 of 1969.

ANTIGUA 30 The Extradition Act, 1993. No. 12 of 1993.
AND

BARBUDA

Passed the House of Representatives this Passed the Senate this 13th day
26th day of April, 1993. of May, 1993.

C.L. Murray,
Speaker.

William A. Robinson,
Vice-President.

L.A. Dowe, L.A. Dowe,
Clerk to the House of Representatives. Clerk to the Senate.

Printed at the Govenunent Printing Office, Antigua and Barbuda,
by Rupert Charity, Acting Government Printer

-By Authority, 1993.
800-6.93 [ Price $1 1.70 j
Read Entire Law on laws.gov.ag