ARRANGEMENT OF SECTIONS
PART I
Preliminary
SECTION

1. Short title
2. Interpretation

PART II
General Provisions relating to Extradition
3. Application of Act
4. Declaration of designated countries
5. Discontinuance
6. Liability of criminal to surrender
7. Liability of accessories to be surrendered
8. Restrictions on surrender of criminals

PART III
Requests for Surrender, Warrants, etc. and Committal Proceedings
9. Request for surrender
10. Refusal to surrender where offence too trivial
11. Endorsement of warrant
12. Provisional warrant
13. Detention
14. Hearing of case and evidence
15. Committal and discharge of prisoner
16. Special procedure for committal
17. Report of committal to Minister
18. Appeal

PART IV
Surrender or Discharge of Fugitive Criminals
19. Consent order for surrender
20. Surrender or discharge of fugitive criminal
21. Discharge of persons apprehended
22. Transfer of fugitive criminal

PART V
Miscellaneous Provisions
23. Transit of persons through Botswana
24. Priority where two or more requests made
25. Trial of fugitive surrendered by another country to Botswana
26. Execution of warrant
27. Director of Public Prosecutions may appear
28. Regulations
29. Repeal and saving

Act 18, 1990,
Act 9, 1997,
Act 14, 2005

An Act to re-enact with amendments the law relating to the extradition of persons accused or convicted of crimes committed within the jurisdiction of other countries.

[Date of Commencement: 2nd November, 1990]

1.       Short title

            This Act may be cited as the Extradition Act.

2.       Interpretation

            (1) In this Act, unless the context otherwise requires-

            "arrangement" includes a convention, protocol, agreement, scheme or treaty;

             "designated country" means a requesting country which is declared as a designated country under section 4, and to which a fugitive criminal may be extradited even though there exists no arrangement between Botswana and that country.

            "fugitive criminal" means any person accused or convicted of an extradition crime committed within the jurisdiction of any other country who is in or is suspected of being in Botswana;

            "magistrate" means any person appointed as Magistrate Grade I or over in accordance with the Magistrates' Courts Act;

            "related offence" has the meaning assigned to it under section 7(2);

            "requesting country" means any country to which this Act applies which requests the surrender of a fugitive criminal;

            "warrant", in the case of any country, includes any judicial document authorising the arrest of a person accused or convicted of a crime.

            (2) Subject to the provisions of section 3, for the purposes of this Act "extradition crime" means a crime which, if committed within the jurisdiction of Botswana, would be an offence punishable with imprisonment for a term of not less than two years or other greater penalty, and includes an offence of purely fiscal character.