Extradition - Preliminary (Ss 1-2)

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1. Short title

2. Interpretation


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


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


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


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]

Part:I Preliminary (ss 1-2)

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.