CAP. 112 EXTRADITION ACT BELIZE
EXTRADITION ACT
CHAPTER 112
REVISED EDITION 2000
SHOWING THE LAW AS AT 31ST DECEMBER, 2000
This is a revised edition of the law, prepared by the Law Revision Commissioner
under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize,
Revised Edition 1980 - 1990.
This edition contains a consolidation of the following laws- Page
ARRANGEMENT OF SECTIONS 3
EXTRADTION ACT 4
Amendments in force as at 31st December, 2000.
BELIZE
EXTRADITION ACT
CHAPTER 112
REVISED EDITION 2000
SHOWING THE LAW AS AT 31ST DECEMBER, 2000
This is a revised edition of the law, prepared by the Law Revision Commissioner
under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize,
Revised Edition 1980 - 1990.
This edition contains a consolidation of the following laws- Page
ARRANGEMENT OF SECTIONS 3
EXTRADITION ACT 4
Amendments in force as at 31st December, 2000.
THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000
Printed by the Government Printer,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Extradition [CAP. 112
[ ]
3
CHAPTER 112
EXTRADITION
ARRANGEMENT OF SECTIONS
PART I
Preliminary
1. Short title.
2. Interpretation.
PART II
Extradition Generally
3. Vesting in Chief Magistrate powers of Chief Metropolitan Magistrate at Bow Street.
4. Place of detention.
5. Powers of judge of Her Majesty’s High Court.
6. Definition of a warrant.
7. Refusal on the part of the Chief Magistrate to commit subject to review by Supreme Court.
PART III
Extradition (Guatemala)
8. Guatemala extradition regulated.
PART IV
Extradition (United States of America)
9. United States extradition regulated.
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SCHEDULE __________
CHAPTER 112
EXTRADITION
PART II 9th September, 1919 PART III 3rd February, 1887
PART IV 30th May, 2000
PART I
Preliminary
1. This Act may be cited as the Extradition Act.
2. In this Act, “Extradition Acts” means-
(a) the Extradition Act, 1870;
(b) the Extradition Act, 1873;
(c) the Extradition Act, 1895;
(d) the Extradition Act, 1906;
Ch. 31,
R.L., 1958
CAP. 88,
R.E. 1980-1990.
Commencement.
Short title.
Interpretation.
1870 c. 52.
1873 c. 60.
1895 c. 33.
1906 c. 15.
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(e) the Extradition Act, 1932,
(f) the Counterfeit Currency (Convention) Act, 1935.
PART II
Extradition Generally
3. All powers vested in and acts authorised or required to be done by the Chief Metropolitan Magistrate at Bow Street, London, in relation to the surrender of fugitive criminals in the United Kingdom under the Extradition Acts are hereby vested in and may in Belize be exercised and be done by the Chief Magistrate, and any powers vested in and acts authorised to be done under the said Acts in the United Kingdom by any justice of the peace other than the Chief Metropolitan Magistrate at Bow Street, London, are hereby vested in and may in Belize be exercised and done by any senior justice of the peace.
4. The committal and detention of any fugitive criminal in Belize under the Extradition Acts shall be in and to the prison at Hattieville.
5. The powers vested in any judge of Her Majesty’s High Court of Justice in England relative to the discharge of any fugitive criminal when not conveyed out of the United Kingdom within two months after his committal under the Extradition Acts are hereby vested in and may in Belize be exer- cised only by the Chief Justice.
6.-(1) In any proceedings for extradition of an accused person to a foreign state, every duly authenticated document issued by a judge of the country applying for extradition shall be held to be a warrant as required by any extradition treaty applicable to Belize, if in such document the arrest of the person whose extradition is desired is ordered, authorised or requested, or if in such document instructions be given for the issue of an order or request for the arrest of such person.
1932 c. 39.
1935 c. 25.
Vesting in Chief
Magistrate
powers of Chief
Metropolitan
Magistrate at
Bow Street.
Place of detention.
Powers of judge
of Her Majesty’s
High Court.
Definition of a
warrant.
(2) Every such document shall be held to be a warrant as aforesaid, to whomever it may be addressed or even if not addressed to any person.
7.-(1) In every case in which the Chief Magistrate dismisses the charge against a person in respect of whom an application for extradition has been made, the Director of Public Prosecutions may require the said magistrate to transmit to him the evidence and all the documents con- nected with the case, and it shall be the duty of the magistrate forthwith to comply with such requisition.
(2) If the Director of Public Prosecutions is of opinion that the charge ought not to have been dismissed, he may apply to the Supreme Court for a warrant of arrest of the accused person, and if the court is of opinion that such charge ought not to have been dismissed it may make such order as the magistrate ought to have made, and may make such other orders and do all such acts as it may think necessary to carry out in respect of the accused person the provisions of the Extradition Acts and of the Treaty under which the extradition of the accused person is requested.
PART III
Extradition (Guatemala)
8. The extradition of fugitive criminals between Belize and the Republic of Guatemala shall be as directed in accordance with-
(a) an Order in Council of Her late Majesty Queen Victoria made on the 26th day of November 1886, giving effect to a treaty between Her Majesty and the President of the Republic of Guatemala signed at Guatemala on the 4th day of July 1885, and published in the Gazette on the 22nd January 1887;
(b) the Extradition Acts; and
(c) this Act.
Guatemala extradi-
tion regulated.
Refusal on the part
of the Chief
Magistrate to
commit subject to
review by the
Supreme Court.
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PART IV
Extradition (United States of America)
9. The extradition of fugitive criminals between Belize and the United States of America shall be as directed in accordance with the Extradition Treaty between the Government of Belize and the Government of the United States of America signed on the 30th day of March, 2000, a copy of which is set out in the Schedule hereto.
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SCHEDULE
[Section 9]
The Government of Belize and the Government of the United States of
America,
Recalling the Extradition Treaty between the United Kingdom of Great
Britain and Northern Ireland and the United States of America, signed at
London
June 8, 1972, and
Noting that both the Government of Belize and the Government of the
United States of America currently apply the terms of that Treaty, and
Desiring to provide for more effective cooperation between the two
States in the suppression of crime, and, for that purpose, to conclude a new
treaty for the extradition of offenders;
Have agreed as follows:
United States
extradition
regulated.
Schedule.
Article 1
Obligation to Extradite
The Contracting States agree to extradite to each other, pursuant to
the provisions of this Treaty, persons sought for prosecution or convicted of an
extraditable offense by the authorities in the Requesting State.
Article 2
Extraditable Offenses
1. An offense shall be an extraditable offense if it falls within any
of the descriptions listed in the Schedule annexed to this Treaty, which is an
integral part of the Treaty, or any other offense, provided that in either case the
offense is punishable under the laws in both Contracting States by deprivation
of liberty for a period of more than one year or by a more severe penalty.
2. An offense shall also be an extraditable offense if it consists of
an attempt or a conspiracy to commit, aiding or abetting, counseling or procur-
ing the commission of, or being an accessory before or after the fact to, any
offense described in paragraph 1.
3. For the purposes of this Article, an offense shall be an
extraditable offense:
(a) whether or not the laws in the Contracting States place
the offense within the same category of offenses or
describe the offense by the same terminology; or
(b) whether or not the offense is one for which United
States federal law requires the showing of such matters
as interstate transportation, or use of the mails or of
other facilities affecting interstate or foreign commerce,
such matters being merely for the purpose of establish
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ing jurisdiction in a United States federal court.
4. If the offense was committed outside of the territory of the
Requesting State, extradition shall be granted in accordance with this treaty if
the laws in the Requested State provide for punishment of an offense commit-
ted outside of its territory in similar circumstances.
5. If extradition has been granted for an extraditable offense, it
shall also be granted for any other offense specified in the request even if the
latter offense is punishable by one year’s deprivation of liberty or less, pro-
vided that all other requirements for extradition are met.
Article 3
Nationality
Extradition shall not be refused on the ground that the person sought
is a national of the Requested State.
Article 4
Political and Military Offenses
1. Extradition shall not be granted if the offense for which extra-
diition is requested is a political offense.
2. For the purposes of this Treaty, the following offenses shall
not be considered to be political offenses:
(a) a murder or other willful crime against the person of a
Head of State of one of the Contracting States, or of
a member of the Head of State’s family;
(b) an offense for which both Contracting States have the
obligation pursuant to a multilateral international agree-
ment to extradite the person sought or to submit the case
to their competent authorities for decision as to prosecu-
tion; and
(c) a conspiracy or attempt to commit any of the foregoing
offenses, or aiding or abetting a person who
commits or attempts to commit such offenses.
3. Notwithstanding the terms of paragraph 2 of this Article, extradi-
tion shall not be granted if the executive authority of the Requested State deter-
mines that the request was politically motivated.
4. The executive authority of the Requested State may refuse
extradition for offenses under military law which are not offenses under ordinary
criminal law.
Article 5
Prior Prosecution
1. Extradition shall not be granted when the person sought has been
convicted or acquitted in the Requested State for the offense for which extradi-
tion is requested.
2. Extradition shall not be precluded by the fact that the authorities
in the Requested State have decided not to prosecute the person sought for the
acts for which extradition is requested, or to discontinue any criminal proceedings
which have been instituted against the person sought for those acts.
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Article 6
Extradition Procedures and Required Documents
1. All requests for extradition shall be submitted through the diplo-
matic channel.
2. All requests shall be supported by:
(a) documents, statements, or other types of evidence which
describe the identity, and probable location of the person
sought;
(b) evidence describing the facts of the offense and the
procedural history of the case;
(c) evidence as to:
(i) the provisions of the laws describing
the essential elements of the offense for
which extraditio n is requested;
(ii) the provisions of the law describing the
punishment for the offense; and
(iii) the provisions of law describing any
time limit on the prosecution; and
(d) the documents, statements, or other types of evidence
specified in paragraph 3 or paragraph 4 of this Article,
as applicable.
3. A request for extradition of a person who is sought for prosecution
shall also be supported by:
(a) a copy of the warrant or order of arrest, if any, issued
by a judge or other competent authority of the Request-
ing State;
(b) a document setting forth the charges; and
(c) such evidence as would be found sufficient, according
to the law of the Requested State, to justify the commit-
tal for trial of the person sought if the offense of which
the person has been accused had been committed in the
Requested State.
4. A request for extradition relating to a person who has been
convicted of the offense for which extradition is sought shall, in addition to the
materials listed in paragraph 2 of this Article, be supported by:
(a) a copy of the judgment of conviction or, if such copy is
not available, a statement by a judicial authority that the
person has been convicted;
(b) evidence establishing that the person sought is the
person to whom the conviction refers;
(c) a copy of the sentence imposed, if the person sought
has been sentenced, and a statement establishing to
what extent the sentence has been carried out; and
(d) in the case of a person who has been convicted in
absentia, the documents required by paragraph 3 of this
Article.
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Article 7
Admissibility of Documents
The documents which accompany an extradition request shall be re-
ceived and admitted as evidence in extradition proceedings if.-
(a) in the case of a request from the United States, they are
authenticated by an officer of the United States Depart-
ment of State and are certified by the principal diplo-
matic or consular officer of Belize resident in the United
States;
(b) in the case of a request from Belize, they are certified by
the principal diplomatic or consular officer of the United
States resident in Belize, as provided by the extradition
laws of the United States; or
(c) they are certified or authenticated in any other manner ac-
cepted by the law of the Requested State.
Article 8
Lapse of Time
Extradition shall not be denied because of the prescriptive laws of either
the Requesting State or the Requested State.
Article 9
Provisional Arrest
1. In case of urgency, a Contracting State may request the provi-
sional arrest of the person sought pending presentation of the request for extradi-
tion. A request for provisional arrest may be transmitted through the diplomatic
channel or directly between the United States Department of Justice and the
Attorney General in Belize. Such a request may also be transmitted through the
facilities of the International Criminal Police Organization (INTERPOL), or
through such other means as may be settled by arrangement between the Con-
tracting States.
2. The application for provisional arrest shall contain:
(a) a description of the person sought;
(b) the location of the person sought, if known;
(c) a brief statement of the facts of the case, including, if
possible, the time and location of the offense;
(d) a description of the laws violated;
(e) a statement of the existence of a warrant of arrest or a
finding of guilt or judgment of conviction against the
person sought; and
(f) a statement that a request for extradition for the
person sought will follow.
3. The Requesting State shall be notified without delay of the
disposition of its application and the reasons for any denial.
4. A person who is provisionally arrested may be discharged from
custody upon the expiration of sixty (60) days from the date of provisional arrest
pursuant to this Treaty if the executive authority of the Requested State has not
received the formal request for extradition and the supporting documents required
in Article 6. The person arrested pursuant to this Article shall have the right of
access to the courts for such remedies and recourses as are provided by the law
of the Requested State.
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5. The fact that the person sought has been discharged from custody pursuant to paragraph 4 of this Article shall not prejudice the subsequent rearrest and extradition of that person if the extradition request and supporting documents are delivered at a later date.
Article 10
Decision and Surrender
1. Extradition shall be granted only if the evidence is found sufficient according to the law of the Requested State either to justify the committal for trial of the person sought if the offense of which the person is accused had been committed in the territory of the Requested State or to prove that the person is the identical person convicted by the courts of the Requesting State.
2. The Requested State shall promptly notify the Requesting State through the diplomatic channel of its decision on the request for extradition.
3. If the request is denied in whole or in part, the Requested State shall provide an explanation of the reasons for the denial. The Requested State shall provide copies of pertinent judicial decisions upon request.
4. If the request for extradition is granted, the authorities of the
Contracting State shall agree on the time and place for the surrender of the person
sought.
5. If the person sought is not removed from the territory of the
Requested State within the time prescribed by the law of that State, that person
may be discharged from custody, and the Requested State may subsequently
refuse extradition for the same offense.
Article 11
Temporary and Deferred Surrender
1. If the extradition request is granted in the case of a person who is
being proceeded against or is serving a sentence in the Requested State, the
Requested State may temporarily surrender the person sought to the Requesting
State for the purpose of prosecution. The person so surrendered shall be kept in
custody in the Requesting State and shall be returned to the Requested State after
the conclusion of the proceedings against that person, in accordance with condi-
tions to be determined by mutual agreement of the Contracting States.
2. The Requested State may postpone the extradition proceedings
against a person who is being prosecuted or who is serving a sentence in that
State. The postponement may continue until the prosecution of the person sought
has been concluded or until such person has served any sentence imposed.
Article 12
Requests for Extradition Made by Several States
If the Requested State receives requests from the other Contracting
State and from any other State or States for the extradition of the same person,
either for the same offense or for different offenses, the executive authority of the
Requested State shall determine to which State it will surrender the person. In
making its decision, the Requested State shall consider all relevant factors,
including but not limited to:
(a) whether the requests were made pursuant to treaty;
(b) the place where each offense was committed;
(c) the respective interests of the Requesting States;
(d) the gravity of the offenses;
(e) the nationality of the,victim;
(f) the possibility of further extradition between the Request- ing States; and
(g) the chrolological order in which the requests were received
from the Requesting States.
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Article 13
Seizure and Surrender of Property
1. To the extent permitted under its law, the Requested State may
seize and surrender to the Requesting State all articles, documents, and evidence
connected with the offense in respect of which extradition is granted. The items
mentioned in this Article may be surrendered even when the extradition cannot be
effected due to the death, disappearance, or escape of the person sought.
2. The Requested State may condition the surrender of the property
upon satisfactory assurances from the Requesting State that the property will be
returned to the Requested State as soon as practicable. The Requested State may
also defer the surrender of such property if it is needed as evidence in the Re-
quested State.
3. The rights of third parties in such property shall be duly respected.
Article 14
Rule of Speciality
1. A person extradited under this Treaty may not be detained, tried,
or punished in the Requesting State except for:
(a) the offense for which extradition has been granted or a
differently denominated offense based on the same facts
on which extradition was granted, provided such offense is
extraditable, or is a lesser included offense;
(b) an offense committed after the extradition of the person;
or
(c) an offense for which the executive authority of the Re-
quested State consents to the person’s detention, trial, or
punishment. For the purpose of this subparagraph:
(i) the Requested State may require the submission of
the documents called for in Article 6; and
(ii) the person extradited may be detained by the
Requesting State for 90 days, or for such longer
period of time as the Requested State may autho-
rize, while the request is being processed.
2. A person extradited under this Treaty may not be extradited to a
third State for an offense committed prior to his surrender unless the surrendering
State consents.
3. Paragraphs I and 2 of this Article shall not prevent the detention,
trial, or punishment of an extradited person, or the extradition of that person to a
third State, if:
(a) that person leaves the territory of the Requesting State
after extradition and voluntarily returns to it; or
(b) that person does not leave the territory of the Request-
ing State within 10 days of the day on which that
person is free to leave.
Article 15
Waiver of Extradition
If the person sought consents to surrender to the Requesting State, the
Requested State may surrender the person as expeditiously as possible without
further proceedings.
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Article 16
Transit
1. Either Contracting State may authorize transportation through its
territory of a person surrendered to the other State by a third State. A request for
transit shall be transmitted through the diplomatic channel or directly between the
Department of Justice in the United States and the Attorney General in Belize.
Such a request may also be transmitted through the facilities of the International
Criminal Police Organization (INTERPOL), or through such other means as may
be settled by arrangement between the Contracting States. It shall contain a
description of the person being transported and a brief statement of the facts of the
case. A person in transit may be detained in custody during the period of transit.
2. No authorization is required where air transportation is used and
no landing is scheduled on the territory of the Contracting State. If an unscheduled
landing occurs on the territory of the other Contracting State, the other Contracting
State may require the request for transit as provided in paragraph 1. That Con-
tracting State may detain the person to be transported until the request for transit is
received and the transit is effected, so long as the request is received within 96
hours of the unscheduled landing.
Article 17
Representation and Expenses
1. The Requested State shall advise, assist, appear in court on behalf of the Requesting State, and represent the interests of the Requesting State, in any
proceeding arising out of a request for extradition.
2. The Requesting State shall bear the expenses related to the
translation of documents and the transportation of the person surrendered. The
Requested State shall pay all other expenses incurred in that State by reason of the
extradition proceedings.
3. Neither State shall make any pecuniary claim against the other
State arising out of the arrest, detention, examination, or surrender of persons
sought under this Treaty.
Article 18
Consultation
The Department of Justice of the United States and the Attorney
General of Belize may consult with each other directly in connection with the
processing of individual cases and in furtherance of maintaining and improving
procedures for the implementation of this Treaty.
Article 19
Application
This Treaty shall apply to offenses committed before as well as after the
date it enters into force, provided that extradition shall not be granted for an
offense committed before this Treaty enters into force which was not an offense
under the laws of both Contracting States at the time of its commission. Nothing
in this Treaty shall be construed to criminalize any conduct that was not subject to
criminal sanctions at the time the offense was committed.
Article 20
Ratification and Entry into Force
1. This Treaty shall be subject to ratification, the instruments of
ratification shall be exchanged as soon as possible.
2. This Treaty shall enter into force upon the exchange of the
instruments of ratification.
3. Upon the entry into force of this Treaty, the Extradition Treaty
between the Government of the United Kingdom of Great Britain and Northern
Ireland and the Government of the United States of America, signed at London
June 8, 1972, shall cease to have any effect between the United States and
Belize. Nevertheless, the prior Treaty shall apply to any extradition proceedings
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in which the extradition documents have already been submitted to the courts of the Requested State at the time this Treaty enters into force, except that Article 15 of this Treaty shall be applicable to such proceedings. Article 14 of this Treaty shall apply to persons found extraditable under the prior Treaty.
Article 21
Termination
Either Contracting State may terminate this Treaty at any time by giving written notice to the other Contracting State, and the termination shall be effective six months after the date of receipt of such notice.
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments have signed this Treaty.
Done at Belize, in duplicate, this 30th day of March, 2000.
FOR THE GOVERNMENT OF FOR THE GOVERNMENT BELIZE: OF THE UNITED STATES
OF AMERICA:
SCHEDULE
List of Offenses Referred to in Treaty
1. Murder; attempt to murder, including assault with intent to commit murder;
2. Manslaughter;
3. Malicious wounding; maiming; inflicting grievous bodily harm; assault
occasion in actual bodily harm; unlawful throwing or application of any
corrosive or injurious substance upon the person of another;
4. Offenses of a sexual nature, including rape, sexual assault, indecent
assault, unlawful sexual acts upon children or persons with mental dis
abilities;
5. Procuring a person for immoral purposes; living on the earnings of
prostitution;
6. Bigamy;
7. Kidnapping and abduction; false-imprisonment;
8. Offenses relating to children, including neglecting, ill-treating, abandoning,
exposing, stealing or exploiting a child, whether for sexual or other pur-
poses;
9. Obtaining property, money, valuable securities or other pecuniary advan-
tage by false pretense or other forms of deception; theft; larceny; em-
bezzlement; any other offense in respect of property involving fraud;
10. Robbery; assault with intent to rob;
11. Burglary, housebreaking, shopbreaking, or similar offenses;
12. Receiving or otherwise handling any goods, money, valuable securities or
other property, knowing the same to have been stolen or unlawfully
obtained;
13. Criminal intimidation; blackmail; extortion;
14. Offenses against the laws relating to corporations or companies, including
false statements and other offenses committed by company directors,
promoters, and other officers;
15. False accounting;
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16. Fraud, including fraud against the Government or against individuals,
including behavior which has the effect of depriving the Government, its
agencies, or its citizens of money, valuable property, or the ability to
conduct their affairs free from false statements and deceit;
17. Offenses against bankruptcy laws;
18. Any offcense relating to counterfeiting; any offense agains the laws
relating to forgery or uttering what is forged;
19. Offenses against the law relating to bribery of persons, including the
corrupt offering, paying, or making of inducements to any foreign official
or foreign political party, official thereof, or candidate for foreign political
office to assist suc person in obtaining or retaining business for himself or in
directing business to any other person; soliciting bribes, offering or accept-
ing bribes;
20. Perjury and subornation of perjury; false statement; attempting to pervert
or obstruct the course of justice;
21. Arson;
22. Malicious damage to property;
23. Money laundering;
24. Offenses relating to the willful issuance of a bad (illicit) check, including the
issuance of a check under a false name or without having made arrange-
ments with financial institution, or after transactions have been suspended
by such an institution; and the willful failure to honor the check;
25. An offense against the law relating to consumer protection;
26. An offense against the law relating to firearms, weapons, or explosive of
27. An offense relating to the protection of public health or the environ-
ment, including conduct directed at the destruction, defacing, deterio-
ration, or harming of the earth’s environmen;
28. An offense against the laws relating to protection of intellectual property, copyrights, patents, or trademarks;
29. Offenses relating to fiscal matters, taxes or duties, including tax evasion or fiscal fraud, notwithstanding that the law of the Requested State does not impose the same kind or duty or does not contain a tax, duty, or customs regulation of the same kind as the law of the Requesting State;
30. Smuggling; an offense against the law relating to the control of expor- tation or importation of goods of any type, or the intentional transfer of funds;
31. Immigration offenses, including alien smuggling;
32. An offense relating to gambling or lotteries;
33. Piracy, mutiny or other mutinous acts committed on board a vessel at sea;
34. Unlawful use, destruction, possession, control, seizure or hijacking of aircraft, vessels or other means of transportation;
35. Any malicious act done with intent to endanger the safety of persons travelling or being upon a railway;
36. Genocide or direct and public incitement to commit genocide;
37. Offenses under multilateral intentional conventions, binding on the Requesting and Requested States, for which fugitive offenders may be prosecuted or surrendered;
38. Impeding the arrest, detection or prosecution of a person who has or is believed to have committed an offense for which surrender may be granted under this Treaty;
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39. An offense relating to escape from custody, or flight to avoid pros- ecution;
40. An offense relating to the law against terrorism.
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