Chapter 10:04 - Fugitive Offenders

Link to law: http://legalaffairs.gov.gy/information/laws-of-guyana/472-chapter-1004-fugitive-offenders/file

L.R.O. 1/2012
LAWS OF GUYANA
FUGITIVE OFFENDERS ACT
CHAPTER 10:04
Act
15 of 1988
Amended by
30 of 2009
Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.
1 – 44 ... 1/2012
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Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.
Note
on
Repeal
This Act repeals the Extradition (French Guiana) Act, and upon the commencement of this Act
the Acts entitled the Extradition Acts, 1870 to 1935, and the Fugitive Offenders Act 1881, ceased
to have effect in Guyana.
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CHAPTER 10:04
ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELIMINARY
1. Short title.
2. Interpretation.
PART II
GENERAL PROVISIONS
3. Application of this Act in respect of Commonwealth countries.
4. Application of this Act in respect of treaty territories.
5. Extraditable offence.
6. Mode of proof of certain arrangements.

PART III
EXTRADITION FROM GUYANA
7. Persons liable to extradition from Guyana.
8. General restrictions on extradition.
9. Request for extradition.
10. Concurrent requests.
11. Powers of Minister on request made under section 8(3) (a) (iii) or (b).
12. Authority to proceed.
13. Arrest for purposes of committal.
14. Consent order for return.
15. Proceedings for committal.
16. Information as to right to apply for habeas corpus.
17. Application for habeas corpus.
18. Extradition to be delayed in certain cases.
19. Application for review by requesting Government.
20. Power of High Court to receive additional evidence.
21. Appeal to Court of Appeal.
22. Bail in certain cases.
23. Magistrate to comply with direction under section 19 (5) or (21)5.
FUGITIVE OFFENDERS ACT
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SECTION
24. Evidence for extradition.
25. Evidence for fugitive offender.
26. Order for extradition.
27. Discharge in case of delay in extradition.
28. Execution of warrant under section 26.
29. Custody.
30. Delivering up person for extradition.
31. Powers of custodian of extradited person.
32. Property found on persons arrested under this Act.
33. Expenses.
PART IV
EXTRADITION TO GUYANA
34. Extradition of persons to Guyana and certain restrictions upon
proceedings against them.
35. Restoration of persons acquitted or not tried.
PART V
EXTRADITION IN SPECIAL CASES
36. Extradition to and from non-Commonwealth countries where no
arrangement exists.
PART VI
MISCELLANEOUS
37. Jurisdiction regarding offence on aircraft.
38. Power to make regulations.
39. Power to amend Schedule.
40. Cesser of operation of extradition laws of the United Kingdom.
SCHEDULE - Forms

__________________________

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CHAPTER 10:04
15 of 1988 An Act to make provision with respect to the extradition of
fugitive offenders from and to Guyana and for matters
connected therewith.
[11th AUGUST, 1988]

Short title.

Interpretation.

c.1:01

PART I
PRELIMINARY
1. This Act may be cited as the Fugitive Offenders Act.
2. In this Act–
“Commonwealth country” means any country mentioned in
article 47 (3) of the Constitution, and includes–
(a) a colony, territory, protectorate or
other dependency of any such
country;
(b) a territory for the international
relations of which any such country is
responsible; and
(c) a ship or aircraft of, or registered in,
any such country;
“extraditable offence” has the meaning given to that
expression in section 5;
“foreign territory” means any country other than Guyana or
a Commonwealth country;
FUGITIVE OFFENDERS ACT
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Application of
this Act in
respect of
Common-
wealth
countries.
“Form” means a form set out in the Schedule;
“fugitive offender” means a person who is accused, or
alleged to be unlawfully at large after conviction, of
an extraditable offence committed within the
jurisdiction of Guyana or any Commonwealth
country or foreign territory and is or is suspected to
be in any country or territory, other than the country
or territory in which the offence was committed or
the person was convicted;
“treaty territory” means a foreign territory in respect of
extradition to and from which, from or to Guyana,
the provisions of this Act apply with or without
modifications, limitations or conditions by virtue of
section 4 and includes–
(a) a colony, territory, protectorate or
other dependency of any such foreign
territory;
(b) a territory for the international
relations of which any such foreign
territory is responsible; and
(c) a ship or aircraft of, or registered in,
any such foreign territory.
PART II
GENERAL PROVISIONS
3. (1) The provisions of this Act shall apply in respect
of extradition from and to Guyana to and from every
Commonwealth country:
Provided that the Minister may, by order, declare
that the provisions of this Act shall apply in respect of
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Application of
this Act in
respect of
treaty
territories.

extradition from or to Guyana to or from any Commonwealth
country specified therein, subject to such modifications,
limitations or conditions as may be specified in the order.
(2) Every order made under subsection (1) shall be
subject to negative resolution of the National Assembly.
4. (1) Where–
(a) an arrangement made between the
Government of the United Kingdom
and the Government of a foreign
territory relating to the extradition of
fugitive offenders, prior to the 26th
May, 1966, extends to and remains in
force in Guyana; or
(b) an arrangement has been made by the
Government of Guyana with the
Government of a foreign territory
relating to the extradition of fugitive
offenders, prior to the commencement
of this Act, the provisions of this Act
shall apply in respect of extradition
from and to Guyana to and from that
foreign territory so long, and so long
only, as that arrangement remains in
force:
Provided that the Minister may, by order, declare that
this Act shall apply in respect of extradition from or to
Guyana to or from a foreign territory referred to in paragraph
(a) or (b) subject to such modifications, limitations or
conditions as the Minister, having due regard to the terms of
the arrangement referred to in paragraph (a) or (b), as the case
may be, may deem expedient to specify in the order for the
purpose of implementing the terms of the arrangement and
any such order shall remain in force so long, and so long only,
as such arrangement remains in force.
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(2) Where, after the commencement of this Act, an
arrangement is made by the Government of Guyana with the
Government of any foreign territory relating to the
extradition of fugitive offenders, the Minister may, subject to
subsection (4), by order, declare that the provisions of this Act
shall apply in respect of extradition from and to Guyana to
and from that foreign territory subject to such modifications,
limitations or conditions as the Minister, having due regard to
the terms of the arrangement, may deem expedient to specify
in the order for the purposes of implementing such terms.
(3) Every order made under subsection (2) shall
recite and embody the terms of the arrangement in
consequence of which the order is made and shall remain in
force so long, and so long only, as such arrangement remains
in force and any such order shall be conclusive evidence of
the existence and terms of the arrangement and that the
arrangement complies with the provisions of subsection (4).
(4) The Minister shall not make an order under
subsection (2) unless the arrangement, in consequence of
which the order is made, is, in the opinion of the Minister–
(a) in conformity in all respects with the
provisions of this Act containing
restrictions on the extradition of
fugitive offenders; and
(b) substantially in conformity with the
other provisions of this Act subject to
the modifications, limitations or
conditions, if any, specified in the
order for the purpose of
implementing the terms of such
arrangement.
(5) Every order made under the proviso to subsection
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Extraditable
offence.

(1) or under subsection (2) shall be subject to negative
resolution of the National Assembly.
5. (1) For the purposes of this Act, an offence of which
a person is accused or has been convicted in Guyana or any
Commonwealth country or treaty territory, shall be an
extraditable offence, where the act or omission constituting
the offence, however described, constitutes an offence, and is
punishable with death or imprisonment for life or for a term
of not less than two years, under the law of Guyana and of the
Commonwealth country or treaty territory making to the
Government of Guyana the request for extradition or of the
Commonwealth country or treaty territory to which the
request for extradition is made by the Government of
Guyana.
(2) In determining for the purpose of this section
whether an offence against the law of Guyana or a
Commonwealth country or a treaty territory is an extraditable
offence, any special intent, state of mind or special
circumstances of aggravation which may be necessary to
constitute that offence under that law shall be disregarded.
(3) Each extraditable offence, however described,
shall be deemed to include the offence of attempting or
conspiring to commit, of aiding, abetting, counselling,
commanding or procuring the commission of, or of being
accessory before or after the fact to, such offence, and of
impeding the apprehension or prosecution of any person
guilty of such offence.
(4) A reference in this section to the law of Guyana,
any Commonwealth country or treaty territory shall be
deemed to include a reference to the law in force in any part
only of Guyana or such country or territory, as the case may
be.

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Mode of proof
of certain
arrangements.

Persons liable
to extradition
from Guyana.

General
restrictions on
extradition.
[30 of 2009]
6. A certificate issued by the Minister assigned
responsibility for foreign affairs, or on his behalf by any other
person authorised by him–
(a) confirming the existence of an
arrangement, referred to in section 4
(1) (a), made between the United
Kingdom and the Government of a
foreign territory, and that the
arrangement extends to and remains
in force in Guyana, and stating the
terms thereof; or
(b) confirming the existence of an
arrangement referred to in section 4
(1) (b), made between the
Government of Guyana and the
Government of any foreign territory,
and stating the terms thereof,
shall be admissible in evidence as conclusive proof of the
matters stated therein without proof of the signature of that
Minister or the other person or of the authorisation of the
other person by the Minister.
PART III
EXTRADITION FROM GUYANA
7. Subject to this Act, a person found in Guyana who
is accused of an Extraditable offence in any Commonwealth
country or treaty territory, or who is alleged to be unlawfully
at large after conviction of any such offence in any such
country or territory, may be arrested and returned to that
country or territory as provided by this Act.
8. (1) A person shall not be extradited under this Act
from Guyana to a Commonwealth country or treaty territory,
or be committed to, or held in, custody for the purposes of
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such extradition, if it appears to the Minister, to the
magistrate before whom he is brought in pursuance of a
warrant issued under section 13, to the High Court, where
any application under section 17 (l) or 19 (l) is made to that
court, or to the Court of Appeal, having regard to any
question of law arising in any appeal under section 21, that–
(a) the offence of which the person is
accused or has been convicted is an
offence of a political character;
(b) the request for extradition, though
purporting to be made on account of
an extraditable offence, is in fact made
for the purpose of prosecuting or
punishing him on account of his race,
tribe, sex, religion, nationality or
political opinions; or
(c) he might, if extradited, be prejudiced
at his trial or punished, detained or
restricted in his personal liberty by
reason of his race, tribe, sex, religion,
nationality or political opinions.
(2) A person accused of an offence shall not be
extradited from Guyana under this Act, other than under
section 14, to any Commonwealth country or treaty territory
or be committed to, or kept in, custody for the purpose of
such extradition, if it appears to the Minister, or to the
magistrate, the High Court or the Court of Appeal as
aforesaid in subsection (l), that, if the person is charged with
that offence in Guyana, he would be entitled to be discharged
under any rule of law relating to previous acquittal or
conviction.
(3) A person shall not be extradited from Guyana
under this Act to any Commonwealth country or treaty
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territory, or be committed to, or kept in, custody for the
purpose of such extradition, unless provision has been made
by the law of that Commonwealth country, or, in the case of a
treaty territory, by the arrangement with that territory
relating to the extradition of fugitive offenders, for securing
that he will not–
(a) until he has left or has been free to
leave that Commonwealth country or
treaty territory, as the case may be, be
arrested, detained, remanded or
otherwise dealt with in that
Commonwealth country or treaty
territory for or in respect of any
offence committed before his
aforesaid extradition under this Act,
other than–
(i) the extraditable offence in
respect of which the said
extradition under this Act is
requested;
(ii) any lesser offence proved by
the facts established before the
court before which he is
brought in pursuance of a
warrant issued under section
13; or
(iii) any other extraditable offence
in respect of which the Minister
may consent to his being so
dealt with; or
(b) be extradited by the Government of
that Commonwealth country or treaty
territory to any other Commonwealth
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country or foreign territory, to be
dealt with for any offence committed
before his aforesaid extradition under
this Act, without the consent of the
Minister.
(3A)(a) Notwithstanding anything contained in
subsection 3 (b) or any other law or treaty a fugitive offender
or any class or category of fugitive offenders may be
committed to, or kept in custody for the purpose of
extradition or may be extradited to the Commonwealth
country or a treaty territory in connection with any
extraditable offence, if the Minister considers it necessary in
the interest of justice.
(b) In determining under paragraph (a) whether
it is in the interest of justice, the Minister may take into
account any relevant factors, including but not limited to, any
creditable evidence that there is a likelihood of the fugitive
offender being extradited to a third country from the
Commonwealth country or a treaty territory.
(3B)(a) Notwithstanding the requirement of the
express provision in subsection (3)(b) but subject to
paragraph (b) a person may be extradited from Guyana
under this Act to any Commonwealth country or treaty
territory and prior to the extradition, be committed to, or kept
in custody for the purpose of extradition where the law of a
Commonwealth country or a treaty with a treaty territory
relating to the extradition of fugitive offenders does not
contain the provision required by sub-section (3)(b).
(b) Where the law of a Commonwealth country or
a treaty territory or a treaty relating to the extradition of
fugitive offenders does not contain the provision required by
the subsection (3)(b), the law or treaty shall by necessary
implication be read and construed by the Minister,
Magistrate, High Court, Full Court and Court of Appeal as if
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Request for
extradition.
the provision was incorporated into the law or treaty.
(c) The right to complain of infractions, if any in
the extradition agreements lies in the asylum state and the
person whose extradition is sought is not entitled so to
complain to the court in any proceedings.
(4) The reference in this section to an offence of a
political character does not include an offence against the life
or person of the Head of State, or a Minister, of Guyana or
any Commonwealth country or treaty territory or any related
offence referred to in section 5 (3), or an offence established
under an international convention to which any
Commonwealth country or treaty territory, as the case may
be, and Guyana are parties and declared by such convention
as an offence not of a political character for the purposes of
extradition.
(5) In this section “Head of State” includes–
(i) any member of a collegial body
performing the functions of a
Head of State under the
constitution of the state
concerned; and
(ii) any head of the Government of
the state.
(6) For the purposes of this section an offence
against the law of a Commonwealth country or a treaty
territory may be regarded as being an offence of a political
character notwithstanding that there are not competing
political parties in that country or territory.
9.(1) A request for the extradition to a
Commonwealth country of a person who is, or is suspected to
be in or to be arriving in, Guyana may be made to the
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Minister–
(a) by any person resident in Guyana
who is recognised by the Minister as a
consular officer of that
Commonwealth country;
(b) by the Head of State, Head of
Government or any Minister of the
Government of the Commonwealth
country who communicates with the
Minister through the diplomatic
representative of Guyana in or for
that Commonwealth country; or
(c) by such other person or in such other
manner as may be approved by the
Minister where it is not convenient for
any person referred to in paragraph
(a) or (b) to make the request or, in the
case of a person referred to in
paragraph (b), to make the request in
the manner provided in that
paragraph.
(2) A request for the extradition to a treaty territory
of a person who is, or is suspected to be in or to be arriving in,
Guyana may be made to the Minister–
(a) by any person resident in Guyana
who is recognised by the Minister as a
consular officer of that treaty
territory;
(b) by any Minister of the treaty territory
who communicates with the Minister
through the diplomatic representative
of Guyana in or for that treaty
territory; or
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Concurrent
requests.
(c) by such other person or in such other
manner as may be approved by the
Minister where it is not convenient for
any person referred to in paragraph
(a) or (b) to make the request or, in the
case of a person referred to in
paragraph (b), to make the request in
the manner provided in that
paragraph.
(3) A request made under subsection (1) or (2) by
or on behalf of any Commonwealth country or treaty territory
shall be accompanied by–
(a) in the case of a person accused of an
offence, a warrant for his arrest issued
in the Commonwealth country or
treaty territory; or
(b) in the case of a person unlawfully at
large after conviction of an offence, a
certificate of the conviction and
sentence in the Commonwealth
country or treaty territory and a
statement of the part, if any, of such
sentence which has been served,
together with, in each case, the particulars of the person
whose extradition is requested and of the facts upon which
and the law under which he is accused or has been convicted,
and of the evidence sufficient to justify the issue of a warrant
for his arrest under section 13.
10. Where in respect of any person, the Minister
receives requests for his extradition from Guyana–
(a) from more than one Commonwealth
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Powers of
Minister on
request made
under section 8
(3) (a) (iii) or
(b).

country;
(b) from more than one treaty territory;
or
(c) from one or more Commonwealth
countries and one or more treaty
territories,
that person may, subject to the other provisions of this Act, be
ordered to be extradited in response to the request of that
Commonwealth country or treaty territory which, having
regard to all the circumstances, should, in the opinion of the
Minister, be preferred.
11. (1) Where a request is made by or on behalf of a
Commonwealth country, or treaty territory for the consent of
the Minister in respect of an extraditable offence referred to in
section 8(3)(a)(iii), the Minister may call for such information
as he may deem necessary for the purpose of satisfying
himself that such request relates to an extraditable offence for
which extradition is not prohibited by this Act and may
refuse consent where he is not so satisfied or is of opinion
that, on the facts known to the Commonwealth country or
treaty territory at the time of the request for the extradition of
the fugitive offender, a request for his extradition in respect of
that offence could also have been made.
(2) Where a request is made for the consent of the
Minister for the extradition of a fugitive offender under
section 8 (3) (b), the Minister may call for such information as
he may deem necessary for the purpose of satisfying himself
that the request does not relate to an offence for which
extradition is prohibited by this Act and may refuse consent
where he is not so satisfied.
(3) The powers of the Minister referred to in this
section shall be without prejudice to any other power he may
have under this Act.
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Authority to
proceed.
Form 1.

Arrest for
purposes of
committal.
Form 2.

Form 3
12.(1) On receipt of a request under section 9 the
Minister may issue an order in Form 1 (hereinafter referred to
as “authority to proceed”) signifying to a magistrate that the
request for the extradition of the person mentioned in the
order has been received and requiring the magistrate to
proceed with the case in accordance with the provisions of
this Act.
(2) The Minister shall not issue an authority to
proceed if it appears to him that an order for the extradition
of the person concerned could not lawfully be made, or
would not in fact be made, in accordance with this Act.
(3) Subject to this Act, no person shall be dealt with
by a magistrate under this Act except in pursuance of an
authority to proceed issued by the Minister.
13. (1) On the receipt, by a magistrate, of an authority
to proceed in relation to any person the magistrate may issue
a warrant for the arrest of the person in Form 2.
(2) Where a magistrate has received information that a
person accused of an extraditable offence, or unlawfully at
large after conviction of an extraditable offence in a
Commonwealth country or foreign territory is, or is believed
to be in or on his way to Guyana, the magistrate may issue a
warrant (hereinafter referred to as provisional warrant) for
the arrest of the person in Form 3.
(3) A warrant for the arrest of any person under
subsection (1) or (2), may be issued upon such evidence as
would, in the opinion of the magistrate, justify the issue of a
warrant for the arrest of the person if he were accused of
committing in Guyana an offence corresponding to the
offence of which he is accused, or if he were alleged to be
unlawfully at large after conviction in Guyana of any such
corresponding offence, as the case may be.

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Consent order
for return.

(4) Without prejudice to the provisions of subsection
(3), for the purposes of the issue of a provisional warrant, a
magistrate may receive in evidence any document which
purports to bear the seal of the International Police
Organisation (generally referred to as Interpol) and is issued
to the Commissioner of Police of Guyana for the purpose of
requesting the assistance of the Commissioner of Police in the
ascertainment of the location of a person accused of an
extraditable offence, or alleged to be unlawfully at large after
conviction of an extraditable offence, in a Commonwealth
country or foreign territory.
(5) Where a provisional warrant is issued under
subsection (2), the magistrate by whom it is issued shall
forthwith give notice of its issue to the Minister, and transmit
to him the information and evidence, or a certified copy of the
information and evidence, upon which it was issued; and the
Minister shall, if he decides not to issue an authority to
proceed in respect of the person to whom the warrant relates,
or may in any other case, cancel the warrant and, if that
person has been arrested thereunder, discharge him from
custody.
(6) A warrant issued under this section may be
executed in any part of Guyana and may be so executed by
any person to whom it is directed or by any police constable.
(7) Where a warrant is issued under subsection (1) or
(2) for the arrest of a person accused of the offence of stealing
or receiving stolen property or any other offence in respect of
property, the magistrate issuing the said warrant shall have
power to issue a warrant to search for the property as if the
offence had been committed within his jurisdiction.
14. (1) Where the extradition of any person from
Guyana is requested under this Act by a Commonwealth
country or a treaty territory and such person is arrested in
pursuance of any warrant under section 13, he may request
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Form 4.
Form 5.

Proceedings for
committal.

the Minister to order his return without any proceedings
before a magistrate under section 15.
(2) Where the Minister consents to the request
made by such person under subsection (1), after being
satisfied that such person understands the consequences of
the request, the Minister may, without any proceedings
before a magistrate under section 15, make an order in Form 4
directing the person to be committed to custody, to be kept
there for the purposes of his extradition unless admitted to
bail; and at any time thereafter the Minister shall, with the
consent of such person, by warrant in Form 5 order him to be
extradited to the Commonwealth country or treaty territory
by which the request for his extradition was made.
(3) Where a person whose extradition has been
ordered under subsection (2) withdraws his consent to the
order before his departure from Guyana, he shall be brought
as soon as practicable before a magistrate for the purposes of
proceedings under section 15, and thereupon shall be dealt
with as if the Minister had not made the order.
(4) The provisions of sections 8(3) and 11 shall apply
to the extradition of any person under this section unless, on a
request made by that person, the Minister agrees to the
waiver thereof.
15. (1) A person arrested in pursuance of a warrant
issued under subsection (1) or (2) of section 13 shall, unless he
is previously discharged under subsection (5) of that section,
be brought as soon as practicable before the magistrate’s court
(hereinafter referred to as the “court of committal”), specified
in the warrant for that purpose.
(2) For the purposes of proceedings under this section,
a court of committal shall have the like jurisdiction and
powers, as nearly as may be, including power to remand or
admit to bail, as a magistrate conducting a preliminary
inquiry has.
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Form 6.
(3) Where a person arrested under a provisional
warrant is in custody and no authority to proceed has been
received in respect of him, the court of committal may fix a
reasonable period, not exceeding one month, for the Minister
to decide whether an authority to proceed should be issued
and notice of the period so fixed shall be given by the court to
the Minister, and after the period so fixed the person shall be
discharged from custody unless such an authority is received
within that period.
(4) Where an authority to proceed has been issued in
respect of a person arrested as referred to in subsection (1)
and the court of committal is satisfied, after hearing any
evidence tendered in support of the request for the
extradition of that person or on behalf of that person, that the
offence to which the authority relates is an extraditable
offence and is further satisfied –
(a) where the person is accused of the
offence, that the evidence would be
sufficient to warrant his trial for that
offence if it had been committed
within the jurisdiction of that court; or
(b) where the 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 shall, unless his
committal is prohibited by any other
provision of this Act, commit him to
custody by warrant in Form 6 to await
his extradition under this Act, but if
the court is not so satisfied or if his
committal is so prohibited, the court
shall discharge him from custody.

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Information as
to right to
apply for habeas
corpus.

Application for
habeas corpus.

Extradition to
be delayed in
certain cases.
16. Where a person is committed to custody under
section 15 (4) the court of committal shall inform him in
ordinary language of his right to make an application to the
High Court, within the period allowed by section 17, for
habeas corpus and shall forthwith give notice of the committal
to the Minister.
17. (1) A person committed to custody under section
15 (4) may make an application to the High Court for habeas
corpus within fifteen days from the day on which the order of
committal is made and, on such application, the High Court
may, without prejudice to any other jurisdiction of that Court,
exercise any of the powers conferred upon it by this Act.
(2) On an application made by any person under
subsection (1), the High Court may order the person
committed to be discharged from custody if that court is
satisfied that by reason of–
(a) the trivial nature of the offence of
which he is accused or was convicted;
(b) the passage of time since he is alleged
to have committed it or to have
become unlawfully at large, as the
case may be;
(c) the accusation against him being not
made in good faith or in the interests
of justice; or
(d) any other sufficient cause,
it would, having regard to all the circumstances, be unjust or
oppressive to extradite him.
18. (1) A person committed to custody under section
15 (4) shall not be extradited under this Act–
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Application for
review by
requesting
Government.
(a) until the expiration of the time
allowed by section 17 (1) for the
making, by him, of an application to
the High Court for habeas corpus; and
(b) if any such application is made to the
High Court, so long as proceedings on
that application are pending.
(2) For the purposes of this section proceedings on an
application for habeas corpus made to the High Court shall be
deemed to be pending–
(a) until the expiration of the time
allowed by section 21 for the making
of an appeal to the Court of Appeal
from the decision of the High Court
on the application; and
(b) where any such appeal is made to the
Court of Appeal, until the appeal is
disposed of.
19. (1) Where a person, whose extradition is requested
by the Government of a Commonwealth country or a treaty
territory is ordered by a magistrate under section 15 (4) to be
discharged from custody, the Government which requested
the extradition of that person may, within fifteen days of the
making of the order by the magistrate, apply to the High
Court for review of the order of discharge on any question of
law or fact and on such application being made the High
Court may review the order.
(2) Where any Government referred to in
subsection (1) desires to make any application thereunder that
Government shall, at the time of the making of the order of
discharge by the magistrate, give to the magistrate notice of
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its intention to apply to the High Court for review of the
order and such notice shall operate as a stay of the order of
the magistrate–
(a) until the expiration of the time
allowed by this section for the making
of the application to the High Court
for the review of the order of
discharge; and
(b) if any such application is made to the
High Court, until the determination of
the application by the High Court.
(3) Where any Government referred to in
subsection (1) gives notice of its intention to apply for review
of the order of discharge, the magistrate shall immediately
grant bail to the person in respect of whom the order of
discharge has been made, pending the determination by the
High Court of the application.
(4) Upon application for review of the order of the
magistrate being made by the Government referred to in
subsection (1), the Registrar of the High Court shall
immediately make a request to the magistrate for a statement
of the evidence tendered before the magistrate and on which
the magistrate came to his decision and of his reasons for his
decision and his finding on any question of law or fact under
review, and the magistrate shall, with all convenient dispatch,
transmit the same to the Registrar.
(5) The High Court may, on an application made to
it by any Government referred to in subsection (1), and if that
Court is satisfied that the magistrate has erred on a question
of law or fact raised in the application, direct the magistrate to
commit the person so discharged to custody to await his
extradition and shall forthwith inform the Minister of the
decision.
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Power of High
Court to
receive
additional
evidence.

Appeal to
Court of
Appeal.
20. On an application for habeas corpus under section
17 or for review under section 19, the High Court may receive
additional evidence relevant to the exercise of its jurisdiction
under section 8 or under section 17 (2).
21. (1) Any person whose extradition is sought, or the
Government of any Commonwealth country or treaty
territory which is seeking his extradition, if dissatisfied with
the decision of the High Court on an application for habeas
corpus under section 17 or on application for review under
section 19, may, within fifteen days of the pronouncing of the
decision, appeal to the Court of Appeal on any question of
law.
(2) Where any person or Government desires to
appeal under subsection (1) the person or the Government, as
the case may be, shall at the time of the pronouncing of the
decision of the High Court, give to the High Court notice of
his or its intention to appeal to the Court of Appeal and any
such notice shall operate as a stay of the decision of the High
Court–
(a) until the expiration of the time
allowed for making the appeal to the
Court of Appeal under subsection (l);
and
(b) if any such appeal is made under
subsection (1), until the determination
of the appeal by the Court of Appeal.
(3) Where any Government referred to in subsection
(l) gives notice of its intention to appeal to the Court of
Appeal under that subsection, the High Court shall
immediately grant bail to the person whose extradition is
sought if he is in custody, or, if he has been granted bail
under section 19(3), he shall continue to be on bail, pending
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Bail in certain
cases.


Magistrate to
comply with
direction under
section 19 (5) or
21 (5).
Form 6.
the determination of the appeal by the Court of Appeal.
(4) Where an appeal has been made to the Court of
Appeal under subsection (1), the High Court shall with all
convenient dispatch transmit to the Court of Appeal–
(a) all documents transmitted to the High
Court by the magistrate in accordance
with section 19; and a statement of
any additional evidence received by
the High Court under section 20; and
(b) a statement of the reasons for the
decision of the High Court and the
findings of the High Court.
(5) Subject to the provisions of this Act, and on being
satisfied that the High Court has erred on a question of law,
the Court of Appeal may on an appeal by the person whose
extradition is sought discharge him from custody or on an
appeal by the Government of a Commonwealth country or
treaty territory direct the magistrate to commit the said
person to custody to await his extradition and shall forthwith
inform the Minister of the decision.
22. Without prejudice to the provisions of sections 19
(3) and 21(3), the High Court, where an application has been
made to it under section 17 for habeas corpus by a person who
has been committed to custody, or the Court of Appeal,
where an appeal has been made to it under section 21 by any
person whose extradition is sought, having regard to all the
circumstances of the case, may grant bail to the person.
23. The magistrate shall, on receipt of any direction
under section 19(5) or 21(5) comply with such direction and
for that purpose may, if the person in respect of whom the
direction is given is not in custody, issue a warrant for his
arrest and on his apprehension commit him to custody by
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Evidence for
extradition.
warrant in Form 6.
24. (1) In any proceedings under this Act, including
proceedings on an application for habeas corpus under
section 17 or for review under section 19–
(a) a document, duly authenticated,
which purports to set out evidence
given on oath or affirmation in a
Commonwealth country or treaty
territory shall be admissible as
evidence of the matters stated therein;
(b) a document, duly authenticated,
which purports to have been received
in evidence, or to be copy of a
document so received, in any
proceedings in any Commonwealth
country or treaty territory shall be
admissible in evidence; and
(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 a part of, any
Commonwealth country or treaty
territory shall be admissible as
evidence of the fact and the 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 aforesaid,
if the document purports to be
certified by a judge or magistrate or
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Evidence for
fugitive
offender.
other officer in or of the
Commonwealth country or treaty
territory in question to be the original
document containing or recording
that evidence or a true copy of such
document;
(b) in the case of a document which
purports to have been received in
evidence as aforesaid or to be a copy
of a document so received, if the
document purports to be certified as
aforesaid to have been, or to be a true
copy of a document which has been,
so received; and
(c) in the case of a document which
certifies that a person was convicted
as aforesaid, if the document purports
to be certified as aforesaid,
and, in any such case, the document purports to be
authenticated either by the oath or affirmation of a witness, or
by the official seal of a Minister, or a secretary or other officer
administering a department of the Government, of the
Commonwealth country or treaty territory in question.
(3) Nothing in this section shall be deemed or
construed to affect or prejudice the admission in evidence of
any document which is admissible in evidence otherwise than
under this section.
25. A magistrate shall receive any relevant evidence,
that is tendered by or on behalf of any person whose
extradition has been sought, in the manner provided by
section 24, to show–
(a) that the offence of which the person is
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Order for
extradition.

Form 7.
accused or alleged to have been
convicted is not an extraditable
offence; or
(b) that, for any other reason, the person
is not liable to be committed to
custody for extradition or to be
extradited under this Act in respect of
the offence of which he is accused or
alleged to have been convicted.
26. (1) Where a person is committed to custody under
this Act to await his extradition and is not discharged from
custody by the High Court on an application for habeas corpus
or the Court of Appeal on appeal from the decision of the
High Court, the Minister may by warrant in Form 7 order him
to be extradited to the Commonwealth country or treaty
territory by or on behalf of which the request for his
extradition was made unless the extradition of that person is
prohibited by section 8 or this section or the Minister decides
under this section to make no such order in his case.
(2) The Minister shall not make an order under this
section in the case of any person if it appears to the Minister,
on any ground mentioned in section 17 (2), that it would be
unjust or oppressive to extradite that person.
(3) The Minister shall not make an order under this
section in the case of a person who is serving a sentence of
imprisonment, or is charged with an offence, in Guyana–
(a) in the case of a person serving such a
sentence, until the sentence has been
served; or
(b) in the case of a person charged with
an offence, until the charge is
disposed of or withdrawn and, if it
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resulted in a sentence of
imprisonment, not being a suspended
sentence of imprisonment, but
including imprisonment for non-
payment of fine, until the sentence
has been enforced or served:
Provided that where a person is serving a sentence of
imprisonment or is charged with an offence in Guyana, the
Minister may make an order for the temporary transfer of that
person to a Commonwealth country or treaty territory in
which he is accused of an extraditable offence, to enable
proceedings to be brought against him in relation to the
extraditable offence, on such conditions as may be agreed
upon between Guyana and the Commonwealth country or
treaty territory, as the case may be.
(4) The Minister may decide to make no order
under this section in respect of a person who is accused, or
has been convicted, of an extraditable offence which is not
punishable with death in Guyana, if that person could be, or
has been, sentenced to death for the offence in the
Commonwealth country or treaty territory by or on behalf of
which the request for his extradition is made.
(5) The Minister may decide to make no order
under this section for the extradition of a person committed to
custody on a request made by or on behalf of a
Commonwealth country or treaty territory if another request
for his extradition under this Act has been made by or on
behalf of another Commonwealth country or treaty territory
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
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Discharge in
case of delay in
extradition.
was made; and
(c) the nationality or citizenship of the
person concerned and his ordinary
residence,
that preference should be given to the other request.
(6) Notice of the issue of a warrant under this
section shall forthwith be given to the person to be extradited
thereunder.
27. (1) If any person committed to await his
extradition is in custody in Guyana under this Act after the
expiration of the following period that is to say–
(a) in any case, the period of two months
commencing on the first day on
which, having regard to sections 18
(1) and 21 (2), he could have been
extradited; or
(b) where a warrant for his extradition
has been issued under section 26, a
period of one month commencing on
the day on which that warrant was
issued,
he may apply to the High Court for his discharge from
custody.
(2) If, upon any such application, the High Court is
satisfied that reasonable notice of the proposed application
has been given to the Minister, that Court may, unless
sufficient cause is shown to the contrary, by order direct the
applicant to be discharged from custody and, if a warrant for
his extradition has been issued under section 26, quash that
warrant.
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Execution of
warrant under
section 26.

Custody.

Delivering up
person for
extradition.
(3) Without prejudice to the preceding provisions
of this section, where the Minister has by warrant ordered the
extradition of any person, he may, if that person is in custody
in Guyana after the expiration of one month commencing on
the day on which the warrant was issued, cancel the warrant
and discharge the person from custody.
28. A warrant under section 26 ordering the
extradition of a person to any Commonwealth country or
treaty territory shall be sufficient authority for all persons to
whom it is directed and all police constables to receive that
person, keep him in custody and convey him into the
jurisdiction of that country or territory.
29. (1) Any person remanded or committed to custody
under any provision of this Act shall be remanded or
committed to a like institution as a person charged with an
offence before the court of committal.
(2) If any person, who is in custody in Guyana by
virtue of a warrant under this Act, escapes out of custody, he
may be apprehended in any part of Guyana in like manner as
a person escaping from custody under a warrant for his arrest
issued in Guyana in respect of an offence committed therein.
(3) Where a person, being in custody in any part of
Guyana, whether under this Act or otherwise, is required to
be removed in custody under this Act to another part of
Guyana and is so removed by sea or air, he shall be deemed
to be in legal custody until he reaches the place to which he is
required to be removed.
30. (1) Where the Minister has made an order under
section 26 ordering the extradition of any person to a
Commonwealth country or treaty territory, the Minister may,
by order under his hand, direct any person who has the
custody of the person to surrender that person to such
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Powers of
custodian of
extradited
person.

Property found
on persons
arrested under
this Act.

Expenses.
persons (to be named in order) as are, in the opinion of the
Minister, duly authorised to receive the person in the name
and on behalf of that Commonwealth country or treaty
territory, as the case may be.
(2) A person is extradited under this Act when he
is delivered, as ordered by the Minister, into the custody of
the persons named in the order under subsection (1).
31. The persons to whom a fugitive offender is
surrendered pursuant to an order under section 30 may–
(a) receive and hold the fugitive offender
within the jurisdiction of Guyana; and
(b) convey the fugitive offender to a place
within the Commonwealth country or
treaty territory to which he has been
extradited under this Act.
32. Everything found in the possession of a person at
the time of his arrest under this Act that may be material
evidence in proving the extraditable offence may be
delivered up with the person on his extradition, but such
delivery shall be subject to the rights of third parties with
regard to that thing.
33. All expenses incurred in respect of any person
whose extradition is sought shall be paid by the
Commonwealth country or treaty territory that requests his
extradition under this Act unless other provisions for the
payment of the expenses have been made by treaty,
convention or other arrangement, between Guyana and that
Commonwealth country or treaty territory.

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Extradition of
persons to
Guyana and
certain
restrictions
upon
proceedings
against them.

PART IV
EXTRADITION TO GUYANA
34. (1) Where a person accused of an extraditable
offence in Guyana, or alleged to be unlawfully at large after
conviction in Guyana of any such offence whether committed
before or after the commencement of this Act, is, or is
suspected to be in or to be arriving, in any Commonwealth
country or treaty territory or within the jurisdiction of any
such country or territory, the Minister may make a request to
that country or territory for the extradition of that person.
(2) Where a person has been extradited to Guyana
upon a request for his extradition being made, that person
shall not, during the period specified in subsection (3)–
(a) be arrested, detained, remanded or
otherwise dealt with in Guyana for or
in respect of any offence committed
before his extradition other than:
(i) the extraditable offence in
respect of which he was
extradited;
(ii) any lesser offence proved by
the facts established for the
purpose of securing his
extradition; or
(iii) any other extraditable offence
in respect of which the
Government of the
Commonwealth country or
treaty territory from which he
was extradited has consented to
his being so dealt with; or

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Restoration of
persons
acquitted or not
tried.

(b) be extradited by the Government of
Guyana to any other country to be
dealt with for any offence committed
before his extradition without the
consent of the Government of the
Commonwealth country or treaty
territory from which he was
extradited.
(3) The period referred to in subsection (2) in
relation to a person to whom this section applies is the period
commencing on the day of his arrival in Guyana on his
extradition and ending on the expiry of forty- five days from
the day on which he is free to leave Guyana.
35. Where a person accused of an extraditable offence
is extradited to Guyana and –
(a) proceedings against him for that
offence are not begun within the
period of six months commencing on
the day of his arrival in Guyana on
being extradited; or
(b) on his trial for that offence, he is
acquitted or discharged by any court
in Guyana, and in the event of one or
more appeals from the decision of
such court, he is acquitted or
discharged by the court determining
the appeal or the last appeal, as the
case may be,
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 Commonwealth country
or treaty territory from which he was extradited.

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Extradition to
and from Non-
Common-
wealth
countries,
where no
arrangement
exists.
Form 1.
PART V
EXTRADITION IN SPECIAL CASES
36. (1) Notwithstanding any other provision of this
Act, although no arrangement as is referred to in section 4(1)
or (2) exists between the Government of Guyana and the
Government of any foreign territory, upon the request of the
Government of that foreign territory, the Minister may issue
an authority to proceed in Form 1 signifying to a magistrate
that a request has been received for the extradition of the
person mentioned therein and requiring the magistrate to
proceed with the case in accordance with the provisions of
this Act as if the request for the extradition had been received
from the Government of a treaty territory, if the Minister is
satisfied that–
(a) the person whose extradition is
sought is accused of, or is alleged to
be unlawfully at large after conviction
of, any offence in such foreign
territory, which offence if committed
in a treaty territory would be an
extraditable offence;
(b) the aforesaid person is, or is suspected
to be in or to be arriving in, Guyana;
and
(c) it is in the interests of justice that the
said person should be extradited to
the foreign territory referred to in
paragraph (a).
(2) On an authority to proceed being issued under
subsection (1) in relation to any person, whose extradition has
been sought by a foreign territory referred to therein, the
provisions of this Act relating to extradition from Guyana to a
treaty territory shall mutatis mutandis apply to all matters and
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Jurisdiction
regarding
offence on
aircraft.
proceedings arising from the request for extradition and
relating to the extradition of the person in the same manner
and to the same extent as if the said foreign territory were a
treaty territory.
(3) Notwithstanding any other provision of this Act,
where under the law in force in any foreign territory, not
being a treaty territory, such request can be made the Minister
may make a request to the Government of that foreign
territory for the extradition to Guyana of any person who–
(a) is accused of, or is unlawfully at large
after conviction, in Guyana of any
offence which would be an
extraditable offence if that foreign
territory were a treaty territory; and
(b) is, or is suspected to be in or to be
arriving in, that foreign territory.
(4) The provisions of this Act in relation to persons
extradited to Guyana from any treaty territory shall mutatis
mutandis apply to and in relation to a person extradited to
Guyana upon a request made under subsection (3) as if the
foreign territory to which the request was made were a treaty
territory.
(5) This section applies whether or not any offence
referred to in subsection (1) or (3) of which a person is
accused or is alleged to have been convicted was committed
before or after the commencement of this Act.
PART VI
MISCELLANEOUS
37. (1) For the purposes of the application of this Act,
an offence committed on board an aircraft, being an aircraft
registered in a Commonwealth country or a treaty territory, in
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Power to make
regulations.


Power to
amend
Schedule.
Cesser of
operation of
extradition
laws of the
United
Kingdom.
which the Tokyo Convention is in force, at any time while
that aircraft is in flight, shall be deemed to be committed
within the jurisdiction of that country or territory as the case
may be, notwithstanding that when the offence was
committed the aircraft was within the jurisdiction of any
other Commonwealth country or foreign territory.
(2) For the purposes of this section, a certificate
issued by the Minister assigned responsibility for foreign
affairs, or on his behalf by another person authorised by him,
that a Commonwealth country or a treaty territory is a
country or territory in which the Tokyo Convention is in
force, shall be admissible in evidence as conclusive proof of
the matters stated therein without proof of the signature of
that Minister or the other person or of the authorisation of the
other person by the Minister.
(3) In this section, “Tokyo Convention” means the
Convention on offences and certain other acts committed on
board aircraft signed in Tokyo on 14th September 1963.
38. The Minister may make regulations for carrying
out the purposes of this Act, and without prejudice to the
generality of the foregoing may, in particular, prescribe the
form for any purposes under this Act.
39. The Minister may by regulations amend any form
in the Schedule.
40. On and from the commencement of this Act the
applied Acts entitled the Extradition Acts, 1870 to 1935, and
the Fugitive Offenders Act, 1881, shall cease to have effect in
Guyana.

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ss. 12(1) and 36
s. 13(1)

SCHEDULE

FORM 1
AUTHORITY TO PROCEED
GUYANA
To His Worship
A request having been made to the Minister by or on behalf
of..................... for the return to that country/territory of A.B.
who is accused (or alleged to be unlawfully at large after
conviction) of the offence of .....................................against the
law of ............................;
The Minister hereby requires you to proceed with the casein
accordance with the provisions of the Fugitive Offenders
Act, Cap 10:04.
Dated the .................... day of .......................20......
Minister.
______________

FORM 2

WARRANT OF ARREST
GUYANA
County of ............................
To........................................
The Minister by authority to proceed having required me,
the undersigned Magistrate for the ...........................District,
to proceed in accordance with the provisions of the Fugitive
Offenders Act, Cap 10:04; in respect of A. B. (hereinafter
referred to as the defendant) who is accused (or who is
alleged to be unlawfully at large after conviction) of the
offence of ................................. against the law of
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s. 13(2)
..........................;
And there being evidence that the offence is an extraditable
offence as defined in section 5 of that Act;
And there being in my opinion such evidence as would justify
the issue of a warrant for the arrest of a person accused of
committing a corresponding offence (or alleged to be
unlawfully at large after conviction of such an offence) in my
magisterial district:
You are hereby commanded to arrest the defendant forthwith
and to bring him before me before ............................ to be dealt
with in accordance with the provisions of that Act.
Dated the.............. day of ..............................20 ...
Magistrate.
_________________

FORM 3
PROVISIONAL WARRANT OF ARREST
GUYANA
County of ...............................
To ...........................................
There being information that A. B. (hereafter referred to as
the “defendant”) is accused (or is alleged to be unlawfully at
large after conviction) of the offence of ........................against
the law of.....................and that the offence is an extraditable
offence as defined in section 5 of the Fugitive Offenders Act,
Cap 10:04.
And there being in my opinion such evidence as would
justify the issue of a warrant for the arrest of a person accused
of committing a corresponding offence (or alleged to be
unlawfully at large after conviction of such an offence) in my
magisterial district:
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14(2)
And there being information that the defendant is or is
believed to be in or on his way to GUYANA:
You are hereby commanded to arrest the defendant and to
bring him before me or some other magistrate to be dealt with
in accordance with the provisions of that Act.
Dated the...................day of .........................., 20 ..................
Magistrate
________________

FORM 4

WARRANT OF COMMITTAL (BY CONSENT)
GUYANA
To all constables and to the keeper
of..........................................Prison.
A.B., having been arrested pursuant to a warrant issued
under section 13 of the Fugitive Offenders Act, Cap. 10:04 and
having requested the Minister to order his return without any
proceedings before a magistrate under section 15 of that Act;
And the Minister having consented to that request of A.B.:
This is to command you, the said constables, to convey A.
B. to the said prison, and there deliver him to the keeper
thereof, together with this warrant; and I do hereby command
you, the keeper of the said prison, to receive him into your
custody and keep him until he is thence delivered in
accordance with the provisions of that Act.
Dated the .................. day of........................., 20 ..............
Minister.
_______________
LAWS OF GUYANA
42 Cap. 10:04 Fugitive Offenders

L.R.O. 1/2012
14(2)

FORM 5

WARRANT FOR EXTRADITION (BY CONSENT) TO
REQUESTING
COUNTRY OR TERRITORY
GUYANA
To the keeper of................................ Prison and to all
constables.
Whereas a request has been made to the Minister by or on
behalf of ................................. for the return to that
country/territory of A.B. who is accused (or alleged to be
unlawfully at large after conviction) of the offence of
.................................. against the law of ..............................;
And whereas A. B. has requested the Minister to order his
return without any proceedings before a magistrate under
section 15 of the Fugitive Offenders Act, Cap 10:04;
And whereas the Minister has consented to that request of A.
B. and ordered A.B. to be committed to the said prison on the
day of...................., 20................. to await his return to
................;
Now, therefore, the Minister hereby orders with the consent
of A. B. that A. B be returned to ........................ in respect of the
offence for which he was committed to custody by the
Minister.
Dated the ............... day of ..................., 20...............
Minister.
_______________

LAWS OF GUYANA
Fugitive Offenders

Cap. 10:04 43
L.R.O. 1/2012
ss. 15(4) and 23
FORM 6
WARRANT OF COMMITTAL
GUYANA
County of ................................
To all constables and to the keeper of .........................................
Prison A.B. (hereinafter referred to as the defendant) having
been brought this day, before me, the undersigned magistrate
for the.................. District, pursuant to a warrant for his arrest
issued under section 13, of the Fugitive Offenders Act Cap
10:04;
And an authority to proceed having been issued by the
Minister under section 12(3) of that Act in respect of the
defendant;
And I being satisfied that the following offence (of which the
defendant is accused in ................................ namely
....................... being an offence to which the authority to
proceed relates, is an extraditable offence as defined in section
5 of that Act, and that the evidence given before me would be
sufficient to warrant the defendant’s committal for trial for
that offence if it had been committed in Guyana (or that the
defendant has been convicted of the offence and appears to be
unlawfully at large):
This is to command you, the said constables, to convey the
defendant to the said .........................prison and there deliver
him to the keeper thereof, together with this warrant, and I
do hereby command you, the keeper of the said
..................................... prison, to receive him into your custody
and keep him until he is thence delivered in accordance with
the provisions of that Act.
Dated the ................ day of ........................., 20..................
Magistrate.
LAWS OF GUYANA
44 Cap. 10:04 Fugitive Offenders

L.R.O. 1/2012
26(1)
_____________

FORM 7

WARRANT FOR RETURN TO REQUESTING
COUNTRY/TERRITORY
GUYANA
To the keeper of ................................... Prison and to all
constables.
Whereas a request has been made to the Minister by or on
behalf of ............................... for the return to that
country/territory of A.B. (hereinafter referred to as the
prisoner) who is accused (or alleged to be unlawfully at large
after conviction) of the offence of ..........................................
against the law of .............................;
And whereas a magistrate, the High Court and/or Court of
Appeal, being satisfied that the evidence given before him/it,
would be sufficient to warrant the prisoner’s trial for that
offence (or the offence of...................) if it had been committed
in Guyana (or that the prisoner had been convicted of that
offence) (or the offence of .....................) (and appeared to be
unlawfully at large), has committed the prisoner to the prison
on the ........... day of ............................ 20.............. to await his
return to .................................;
Now therefore, the Minister hereby orders that the said
prisoner be returned to .................................. in respect of the
offence for which he was committed to custody.
Dated the ...................day of ........................... 20......................
Minister.
____________________
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