EXTRADITION

THE EXTRADITION ACT

ARRANGEMENT OF SECTIONS

PART I-Preliminary

1. Short title.

2. Interpretation.

3. Application of the provisions of this Act to designated
Commonwealth States.

4. Application of the provisions of this Act to foreign States.

5. Extradition offences.

PART 11-Extradition to approved States

6. Persons liable to be extradited.

7. General restrictions on extradition.

PART 111-Proceedings. for Extradition

8. Authority to proceed.

9. Arrest for purposes of committal.

10. Proceedings for committal.

11. Application for habeas corpus, etc.

12. Order for extradition and priority of requests.

13. Discharge of fugitive in case of delay in extraditing.

14. Evidence.

15. Custody.

16. Property found on fugitive.

17. Fugitive may be extradited without formal extradition proceedings.

PART IV-Extradition from approves States

18. Extradition of persons to Jamaica and certain restrictions for other
offences.

19. Restoration of persons not tried or. acquitted. -
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EXTRADITION

PART V--hliscellaneous

20. Regulations.

21. Application to offences committed bcfore as well as after the
8th day af July. 1991.

22. Saving of proceedings pending at time of new treaties.

23. Repeals (far Jamaica).

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EXTRADITION 3

THE EXTRADITION ACT ~ e t s
7 of 1991,
35 of l99&
18 of 2005

[8thJ~ly, 1991.1 tn,+%h

PART I-Preliminary

1. This Act may be cited as the Extradition Act. short title.

2.-(1) In this Act-

"approved State" means either a designated
Commonwealth State or a treaty State, as the
circumstances may require;

"Convention on the Prevention and Punishment of Crimes
against Internationally Protected Persons" means the
United Nations Convention on the Prevention and
Punishment of Crimes against Internationally
Protected Persons, including Diplomatic Agents,
adopted by the General Aqsembly of the United
Nations at its 28th Session on the 14th December,
1973;

"court of committal" means a court of committal within the
meaning of section 10;

"designated Commonwealth State" means a country
designated by order published under section 3, and
includes-

(a) a colony, territory, protectorate or other
dependency of such country;

(b) a territory for the international relations of
which such country is responsible;

(c) a ship or aircraft of, or registered in, such
country;

"extradition offence" means an extradition offence within
the meaning of section 5;

Interpreta-
tion.

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EXTRADITION

"extradition treaty" means a treaty or agreement, whether
made before or after the 8th day of July 1991, relating
to the extradition of hgitive offenders and which is
binding on the Government of Jamaica;

"fugitive" means a person who is accused or convicted of
an extradition offence committed within the
jurisdiction of a Commonwealth country or a foreign
State and is, or is suspected to be, in Jamaica or in a
Commonwealth country or a foreign State;

"habeas corpus" means habeas corpus ad subjiciendurn;

"Hague Convention" means the Convention for the
Suppression of Unlawful Seizure of Aircraft signed at
the Hague on 16th December, 1970;

"magistrate" means a Resident Magistrate or any person
having, pursuant to any enactment, the powers of a
Resident Magistrate;

"Montreal Convention" means the Convention for the
Suppression of Unlawful Acts against the Safety of
Civil Aviation signed at Montreal on the 23rd
September, 197 1 ;

"provisional warrant" means a warrant issued under section
9 (1) (b);

"race" includes tribe;

"treaty State" means-

(a) a foreign State in relation to which an order
under section 4 is for the time being in force
and includes-

(i) a colony, territory, protectorate or other
dependency of such State;

(ii) a territory for the international relations
of which such State is responsible; and

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(iii) a ship or aircraft of, or registered in, such
State;

(b) a contracting party to a Convention specified in ~snoos
Column A of the Schedule, in so far as gfzIe,
specified in relation thereto in Column B of the
Schedule;

(c) [Deleted by Act 18 of 200.5, 2nd Sch.]

(2) For the purposes of this Act, a person convicted of an
offence in his absence shall be treated as a person accused of
that offence.

(3) For the purposes of this Act, an offence against the
law of an approved State may be regarded as being an offence of
a political character notwithstanding that there are no competing
political parties in that State.

(4) References in this Act to the law of any country or
State include references to the law of any part of that country or
State.

3.-(1) The Minister may, by order published in the Gazette,
designate a Commonwealth country as a designated Common-
wealth State for the purposes of this Act.

(2) The Minister may, by order published in the
Gazette, direct that this Act shall have effect for the return of
persons to, or in relation to persons returned from, any
designated Commonwealth State subject to such exceptions,
adaptations or modifications as are specified in the order.

Application
of the pro-
visions of
this Act to
designated
Common-
wealth
States.

(3) An order under subsection (2) shall be subject to
affirmative resolution.

4.-(1) Where any extradition treaty has been made with Application
any foreign State, whether before or after the 8th day of
July, 1991, the Minister may, by order, declare that the ~ l i s ~ c t t o
provisions of this Act shall apply in respect of such foreign Ls:y

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State, subject to such exceptions, adaptations or modifications,
as the Minister, having due regard to the terms of such treaty,
may deem expedient to specify in the order for the purposes of
implementing such terms.

(2) As regards any treaty or agreement made prior to the
8th day of July, 1991, in relation to the extradition of fbgitive
offenders, all instruments made under any enactment (whether
in Jamaica or in the United Kingdom) to give effect in Jamaica i
to the provisions of any such treaty or agreement, if in force at
the 8th day of July, 1991, shall continue to have effect as if
made under this Act until other provision is made pursuant to
subsection (1).

(3) The Minister may from time to time, by order,
compile and publish in the Gazette a list of foreign States with
which extradition treaties or agreements binding on Jamaica are
in force; and, without prejudice to any other form of proof of the
existence of such a treaty or agreement, such a list shall, in any
proceedings, be conclusive evidence that an extradition treaty or
agreement is in force between Jamaica and each foreign State
named in the list.

(4) An order under this section shall be subject to
affirmative resolution.

Extradition 5.-(1) For the purposes of this Act, any offence of which a
offences. person is accused or has been convicted in an approved State is

an extradition offence, if-

(a) in the case of an offence against the law of a
designated Commonwealth State-

(i) it is an offence which is punishable under that
law with imprisonment for a term of two years
or any greater punishment; and

(ii) the act or omission constituting the offence, or
the equivalent act or omission, would constitute
an offence against the law of Jamaica if it took

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EXTRADITION

place within Jamaica (or in the case of an extra-
territorial offence, in corresponding circum-
stances outside Jamaica) and would be
punishable under the law of Jamaica with
imprisonment for a term of two years or any
greater punishment;

(h) in the case of an offence against the law of a treaty
State-

(i) it is an offence which is provided for by the
extradition treaty with that State; and

(ii) the act or omission constituting the offence, or
the equivalent act or omission, would constitute
an offence against the law of Jamaica if it took
place within Jamaica or, in the case of an extra-
territorial offence, in corresponding circum-
stances outside Jamaica.

(2) Any offence-

constituted by an act, including an act taking place in
Jamaica, that is of a kind over which Contracting States
under the Hague Convention are required by paragraph
1 of Article 4 of that Convention to establish juris-
diction; or
constituted by an act, including an act taking place in
Jamaica, that is of a kind over which Contracting States
under the Montreal Convention are required by para-
graph 1 of Article 5 of that Convention to establish
jurisdiction,

is an extradition offence for the purposes of this Act and shall be
deemed to be committed within the jurisdiction of any Contract-
ing State that appears to a court in Jamaica, having regard to the
provisions of the Hague and Montreal Conventions, to be
appropriate.

(3) A terrorism offence as defined by section 2 of the 18/2oos
Terrorism Prevention Act is an extradition offence for the 2nd Sch.

purposes of this Act and shall be deemed to be committed within

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EXTRADITION

Persons
liable to be
extradited.

General
restriotions on
extradition.

3511995
S . 2(a)(i)(ii).

3511995
S . 2(a) (iii).

the jurisdiction of any treaty State that appears to a Court in
Jamaica, having regard to the provisions of the Conventions
referred to in Column A of the Schedule, to be appropriate.

PART 11-Extradition to approved States

6. Subject to the provisions of this Act, a person found in
Jamaica who is accused of an extradition offence in any
approved State or who is alleged to be unlawhlly at large after
conviction of such an offence in any such State, may after
conviction of such an offence in any such State, may be arrested
and returned to that State as provided by this Act.

7.-(1) A person shall not be extradited under this Act to an
approved State or committed to or kept in custody for the
purposes of such extradition, if it appears to the Minister, to the
court of committal, to the Supreme Court on an application for
habeas corpus or to the Court of Appeal on an appeal against a
rehsal to grant a writ of habeas corpus-

that the offence of which that person is accused or was
convicted is an offence of a political character; or
that the request for extradition, though purporting to be
on account of the extraditable offence, is in fact made
for the purposes of prosecuting or punishing him on
account of his race, religion, nationality or political
opinions; or
that he might, if extradited, be denied a fair trial or
punished, detained or restricted in his personal liberty
by reason of his race, religion, nationality or political
opinions; or
that the offence of which that person is accused is
statute barred in the approved State that has requested
his extradition; or
that his extradition is prohibited by any law in force in
Jamaica.

(2) A person accused of an offence or alleged to be
unlawhlly at large after being convicted of an offence shall not

- - -

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EXTRADITION 9

be extradited to any approved State, or be committed to or kept
in custody for the purposes of his extradition, if it appears to the
Minister, to the court of committal, to the Supreme Court on an
application for habeas corpus or to the Court of Appeal on an 3511995

S. 2(b)(ii).
appeal against a refbsal to grant a writ of habeas corpus that if
charged with that offence in Jamaica 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 to an approved State
or be committed to or kept in custody for the purposes of such
extradition, unless provision is made by the law of that State, or
by an arrangement made with that State, for securing that he will
not-

(a) be tried or detained with a view to trial for or in respect
of any offence committed before his extradition under
this Act other than-

(i) the offence in respect of which his extradition
is requested;

(ii) any lesser offence proved by the facts proved
before a court of committal or, in relation to a
fbgitive brought before a magistrate pursuant to
section 17, any lesser offence disclosed by the
facts upon which the request for his extradition
is based; or

(iii) any other offence being an extraditable offence
in respect of which the Minister consents to his
being so dealt with;

(b) without the consent of the Minister, be returned or
surrendered to another State or detained with a
view to such return or surrender,

unless he had first been restored to Jamaica, or had had an
opportunity of leaving the approved State.

(4) Any such arrangement as is mentioned in sub-
section (3) may be an arrangement made for the particular
case or an arrangement of a more general nature; and for

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EXTRADITION

the purposes of that subsection a certificate issued by or under
the authority of the Minister confirming the existence of an
arrangement with any approved State and stating its terms shall
be conclusive evidence of the matters contained in the cer-
tificate.

(5) The Minister may, in his discretion, refuse to extradite
a fugitive on the ground that the hgitive is a citizen of Jamaica,
but he shall not refuse to extradite the fhgitive on that ground if
the fugitive is also a citizen of the approved State that has
requested the extradition.

(6) As regards any request by an approved State, the
reference in this section to an offence of a political character
does not include-

(a) an offence or an attempt to commit an offence which
is extraditable pursuant to a multilateral treaty or
convention-

(i) to which both Jamaica and the approved State
are parties;

(ii) the purpose of which is to prevent or repress a
specific category of offences; and

(iii) which imposes on States an obligation either to
extradite the person sought or to submit the
matter to the competent authorities for decision
as to prosecution; or

an offence or an attempt to commit an offence
against the law relating to genocide or the aiding,
abetting, inciting, counselling or procuring of the
offence or a conspiracy by persons to commit the
offence.

PART 111-Proceedings for Extradition
Authorityto 8.--(1) Subject to the provisions of this Act relating
proceed. to provisional warrants, a person shall not be dealt with under

this Act except in pursuance of an order of the Minister
(in this Act referred to as "authority to proceed") issued
in pursuance of a request made to the Minister by or on

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EXTRADITION

behalf of an approved State in which the person to be
extradited is accused or was convicted.

(2 ) There shall be furnished with any request made
for the purposes of this section by or on behalf of any
approved State-

(a) in the case of a person accused of ari off-, a
warrant for his arrest issued in that State; or

(6) in the case of a person unlawfully at large after
conviction of an offence, a certificate of the
conviction and sentence in that State and a state-
ment of the part, if any, of that 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 was convicted,
and evidence sufficient to justify the issue of a warrant
for his arrest under section 9.

(3) On receipt of such a request the Minister may
issue an authority to p r o d , unless 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 the provisions of this Act.

9 - 4 1 ) A warrant for the arrest of a person scad of
pvpaord an extradition offence, or alleged to be unlawfully at large d r m .

after conviction of such an offence, may be issued-
(a) on receipt of an authority to proceed, by a

magistrate within the jurisdiction of whom such
person is or is believed to be; or

(b) without such an authority, by a magistrate upon
information that such person is in Jamaica or is
believed to be on his way to Jamaica; so, however,
that the warrant, if issued under this paragraph,
shall be provisional only.

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EXTRADITION

12) A warrant of arrest under this section may be
issued upon such information as would, in the opinion of
the magistrate, authorize the issue of a warrant for the arrest
of a person accused of committing a corresponding offence
or, as the case may be, of a person alleged to be unlawfully
at large after conviction of an offence, within the jurisdlc-
tion of the magistrate.

(3) A warrant of arrest issued under this section
(whether or not it is a provisional order) may, without an
endorsement to that effect, be executed in any part of
Jamaica, whether such part is within or outside the juris-
diction of the magistrate by whom it is so issued, and may
be so executed by any person to whom it is directed or by
any constable.

(4) Where a provisional warrant is issued, the magis-
trate by whom it is issued shall forthwith give notice of
the issue to the Minister, and transmit to him the informa-
tion and evidence, or a certified copy of the information
and evidence, upon which it was issued, and the Minister
may in any case, and shall, if he decides not to issue an
authority to proceed i i ~ respect of the person to whom
the warrant relates, by order cancel the warrant and, if
that person has been arrested thereunder, discharge him
from custody.

(5) Where a warrant is issued under this section for
the arrest of a person accused of an offence of stealing
or receiving stolen property or any other offence in respect
of property the magistrate shall have the same power to
issue a warrant to search for the property as if the offence
had been committed within his jurisdiction.

10.41) A person arrested in pursuance of a warrant
issued under section 9 shall, unless previously discharged
under subsection (4) of that section, be brought as soon
as practicable before a magistrate (in this Act referred to
as "the court of committal") who shall hear the case in the
same manner, as nearly as may be, as if he were sitting as

an examining justice and as if that person were brought
before him charged with an indictable offence committed
within his jurisdiction.

(2) For the purposes of proceedings under this
section, a court of committal shall have, as nearly as may
be, the like jurisdiction and powers (including power to
m a n d in custvdy or to release on bail) as it would have
if it were sitting as an examining justice and the person
arrested were charged with an indictabk offence committed
within its jurisdiction.

(3) Where the person arrested is in custody under
a provisional warrant and no authority to proceed has boen
received in respect of him, the court of wmmittd may,
subject to subsection (4), fix a reasonable period (of which
the court shall give notice to the Minister) after which he
shall be discharged from custody unless an authority to
proceed has been received.

(4) Whm an extradition treaty applicable to any
nsuest for extradition swcifies a period (hereinafter referred
to-as the treaty pried) for the-production of documents
relevant to an application for extradition, any period fixed
pursuant to subsection (3) shall be such as to terminate at
the end of the treaty period.

(5) W h an authority to proceed has been issued
m respect of the person arrested 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 o f f m to nfiich the
authority relates is an extradition offence and is further
satisfied-

(a) where the person is accused of the offmce, that
the evidence would be sufficient to warrant his
trial for that offence if the offence had ban com-
mitted in Jamaica; or
Flhiaddond thispsgs is adborirsdby LN. 9911-

EXTRADITION

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

the court of committal shall, unless his committal is pro-
hibited by any other provision of this Act, commit him
to custody to await his extradition under this Act; but if the
court of committal is not so satisfied or if the committal of
that person is so prohibited, the court of committal shall
discharge him from custody.

+P~licP-
dl011 €01 11.-(1) Where a person is committed to custody under
hobem section 10 (5), the court of committal shall inform him in
curpus, etc.

ordinary language of his right to make an application for
habeas corpus and shall forthwith give notice of the com-
mittal to the Minister.

(2) A person committed to custody under section'
10 (5 ) shall not be extradited under this Act-

(a) in any case, until the expiration of the period of
fifteen days commencing on the day on which the
order for his committal is made; and

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

(3) On any such application the Supreme Court may,
without prejudice to any other power of the Court, order
the person committed to be discharged from custody if it
appears to the Court that-

(a) by reason of the trivial nature of the offence of
which he is accused or was convicted; or

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

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

PC inclusion of !Ms page is authorkd by L.N. 9014993l

it would, having regard to all the circumstances, be unjust
or oppressive to extradite him.

(4) On any such application the Supreme Court may
receive additional evidence relevant to the exercise of its
jurisdiction under section 7 or under subsection (3) of this
section.

(5) The provisions of subsection (3) shall mutatis 3s/1995
mutandis apply in relation to any appeal against the Supreme s.3'
Court's refusal to grant a writ of habeas corpus.

(6) For the purposes of this section, p r o d i n g s on ;5:,195
an application for habeas corpus shall be treated as pending
until any appeal in those proceedings is disposed of; and an
appeal shall be treated as disposed of at the expiration of
the time within which the appeal may be brought if the
appeal is not brought within that time.

12.-(1) Where a person is committed to await his z$gII
extradition and is not discharged by order of the Supreme and

m r i t y Court or of the Court of Appeal, the M i t e r may, by
warrant, order him to be extradited to the approved State ~ 1 9 9 5 S. 4.
by which the request for the extradition was made unless
the extradition of that person is prohibited, or prohibited
for the time being, by section 7 or by this section, or the
Mis te r decides under this section to make no such order
in his case.

(2) The Minister may in the case of a person who is
serving a sentence of imprisonment or detention, or is
charged with an offence, in Jamaica-

(a) defer the making of an order under this section-
(i) until the sentence has been served; or
(ii) until the charge is disposed of or withdrawn

me idusion of &is paw ia aulmorizcd by L.N. 95/1997]

EXTRADITION

and, if it results in a sentence of imprison-
ment (not being a suspended sentence), until
the sentence has been served;

(b) make an order for extradition, on such terms as
may be agreed with the approved State which
requested the extradition, for such period as may
be necessary to permit proceedings in that State
against that person for the offence in respect of
which his extradition is requested.

(3) The Minister shall not make an order under this
section in the case of any person if it appears to the Minister,
on the grounds mentioned in subsection (3) of section 11,
that it would be unjust or oppressive to extradite that person.

(4) The Minister may decide to make no order
under this section in the case of a person accused or con-
victed of an extradition offence not punishable with death
in Jamaica if that person could be or has been sentenced
to death for that offence in the approved State by which
the request for his return is made; and for the purposes of
this subsection the Minister may take into account any
assurance given by the requesting State that the death
penalty if imposed, will not be carried out.

(5 ) The Minister may decide to make no order under
this section for the extradition of a person committed in
consequence of a request made by or on behalf of an
approved State if another request for his extradition under
this Act has been made on behalf of another approved
State 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 qmtion;
(b) the date on which each such request was ma& and
(c) the nationality or citizenship of the person con-

cerned and his ordinary residence,
that preference should be given to the other request.

me indudon of th ia pngc is auCh0riz-d by L N. %/ 19951

EXTRADITION

(6) Notice of the issue of a warrant under this
section shall forthwith be given to the person to be
extradited thereunder and thereupon the provisions of the
Corrections Act shall apply with respect to that person as if,
subject to such arrangements as the Minister may approve
with regard to custody or other factors required for the
purposes of giving effect to this Act, the warrant were an
order in writing issued under section 23 of the Corrections
Act (order to produce an inmate at any place in the interests
of justice etc.).

13.-(1) If any person committed to await his extradition
is in custody in Jamaica under this Act after the expiration incased
of the following period, that is to say- delay io oxlraditlu.

(a) in any case, the period of two months commencing
with the first day on which, having regard to sub-
section (2) of section 11, he could have been
extradited; or

(b) where a warrant for his extradition has been issued
under section 12, a period of one month com-
mencing with the day on which that warrant was
issued,

he may apply to the Supreme Court for his discharge.

(2) If upon any such application the Supreme Court
is satisfied that reasonable notice of the proposed applica-
tion has been given to the Minister, the Supreme Court
may, unless sufficient w e 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 12, quash that warrant.

14-41) In any proceedings under this Act, including EVM-.
prooeedings on an application for habeus corpus in r e s p t
of a person in custody under this Act-

(a) a document, duly authenticated, which purports
to set out testimony given on oath in an approved
~einclusiondthispageisa&rized~LM.95/1991]

State 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 a copy
of a document so received in any proceedings in
an approved State shall be admissible in evidence;
and

(c) a document, duly authenticated, which certifies
that-

(it the person was convicted on the date
specified in the document of an offence
against the law of an approved State; or

(ii) that a warrant for his arrest was issued on
the date specified in the document,

shall be admissible as evidence of the conviction
or evidence of the issuance of a warrant for the
arrest of the accused, as the case may be, and of
the other matters stated therein.

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

(a) in the case of a document which purports to set
out testimony given as referred to in subsection
(1) (a), if the document purports to be certified
by a judge, magistrate or officer of the Court in or
of the approved State in question or an officer of
the diplomatic or consular service of that State to
be the original document containing or ~ecording
that testimony or a true copy of that original docu-
ment;

(b) in the case of a document which purports to have
been received in evidence as referred to in subsec-
tion (1) (b) 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; or
me idwslon oP this page is admized by L.N. 951 1997)

(c) in the case of a document which certifies that a
person was convicted or that a warrant for his
arrest was issued as referred to in subsection (1)
(c), if the document purports to be certified as
aforesaid,

and in any such case the document is authenticated either
by the oath of a witness or by the official seal of a Minister
of the approved State in question.

(3) In this section "oath" includes affirmation or
declaration.

(4) Nothing in this section shall prevent the proof
of any matter, or the admission in evidence of any docu-
ment, in accordance with any other law of Jamaica.

15 -41 ) Any person remanded or committed to custody
under section 10 shall be committed to the like institution
as a person charged with an offence before the court of
committal.

(2) If any person who is in custody by virtue of a
warrant under this Act escapes from custody, he may be
apprehended in any part of Jamaica in like manner as a
person escaping from custody under a warrant for his arrest
issued in that part in respect of an offence committed therein.

(3) Where a person being in custody in any part
of Jamaica whether under this Act or otherwise, is required
to be removed in custody under this Act to another part
of Jamaica and is so removed, he shall be deemed to con-
tinue in legal custody until he reaches the place to which
he is required to be removed.

(4) A warrant issued under section 12 for the extra-
dition of any person to any approved State shall be sufficient
authority for all persons to whom it is directed and for
all police or prison officers to receive that person and keep

F c indusian of This page is audhorized by L.N. 9.5119971

Property
found on
fugitive.

Fugitive
may be
extradited
w i t b u t
formal ex-
traditb3n
proceed-
lugs.

him in custody and convey him into the jurisdiction of
that State.

(5) Any warrant or order required to be issued or
made by the Minister under the provisions of this Act shall
be in such form (if any) as may be prescribed and shall be
given under the hand of the Minister.

16. Everything found in the possession of a fugitive at
the time of his arrest which may be material as evidence
in proving the extradition offence may be delivered with
the fugitive on his extradition, subject to any rights of third
parties with respect thereto.

17.-(1) Where a fugitive arrested pursuant to a warrant
under section 9 indicates that he is willing to be extradited
he shall be brought before a magistrate who shall inform
him of his right to formal extradition proceedings under
this Act.

(2) If the fugitive, upon being informed of his right
to extradition proceedings, consents in writing to be extra-
dited without such proceedings, the magistrate shall commit
him to custody to await his extradition under this Act.

(3) Subject to subsection (4), where a fugitive is corn-
rnitted to custody to await his extradition pursuant to sub-
section I2), the Minister may, notwithstanding the provisions
of section 11, order him to be extradited forthwith to the
approved State by which the request for extradition was
made.

(4) In making an order under subsection (3) the
Minister shall have regard to the provisions of section 7
and to the requirements of section 12 (2), (3), (4) and (5 )
relating to the making of an order under that section.

PART IV-Extradition from approved Statas
18.-41) This section applies to any person accused or

convicted of an offence under the law of Jamaica and who
is extradited to Jamaica from any approved State under

EXTRADITION

any law that provides for the extradition of fugitive offenders
from that State.

(2) A person to whom this section applies shall not,
during the period described in subsection (3)-

(a) be tried in Jamaica or be detained with a view to
trial in Jamaica for or in respect of any offence
committed before he was extradited to Jamaica
other than-

(i) the offence in respect of which his extra-
dition is requested,

(ii) any lesser offence proved by the facts estab-
lished for the purposes of securing his extra-
dition or, in the case of a fugitive who is
extradited to Jamaica without formal extra-

' --
dition proceedings in an approved State, any
lesser offences disclosed by the facts upon
which the request for extradition was based;

(3 any other offence, being an extraditable
offence, in respect of which the Government
of the approved State from which he was
extradited may consent to his being so tried
or detained; or

(b) without the consent of the approved State from
which he was extradited-

(i) be returned or surrendered to any country
other than the approved State from which
he was extradited; or

(ii) be detained with a view to such return or
surrender as aforesaid.

(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 am'vaI in Jamaica
on his extradition and ending forty-five days after the first
subsequent day on which he has the ouportunity to leave
Jamaica.

Wbe iodusian of this page ia audhorized by L.N. 95/1997]

EXTRADITION

(4) Nothing in this section shall prevent the trial, or
detention with a view to trial, for any offence of a person
who, having left Jamaica after the date on which he was
extradited to Jamaica, voluntarily returns thereto.

Restoia-
lion

19.-(1) This section applies to any person accused of an
O ~ P M O ~ S offence under the law of Jamaica who is extradited to
not tried or
aoquitted. Jamaica as mentioned in subsection (1) of section 18.

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

(a) proceedings against him for the offence for which
he was extradited are not begun within the period
of six months commencing with the day of his
amval in amaica on being extradited; or

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

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 country from which
he was extradited.

R e p
UOM.

20. The Minister may make regulations in respect of all
such matters as are required or necessary for carrying out
or giving effect to this Act and, in particular, in respect
of any matter required by this Act to be prescribed.

Applica-
tim to

21. A fugitive whose extradition is sought by an
approved State, or from such State to Jamaica shall, subject

mmnitted ,,, to the provisions of this Act, be liable to be dealt with under
wena5 this Act whether the offence in respect of which he has been after tho
8thdayd accused or convicted was committed before or after the 8th
July, 1991. day of July, 1991.

idusion of this page is a u h M by L.N. 95119971

EYTRA DITION 2:

22. Where an extradition treaty which is binding on savingof
Jamaica is replaced by another extradition treaty made between zig~
Jamaica and a foreign State, the replacement shall not prejudice time ofnew
any proceedings pending at the time of the replacement. treaties.

23.-(1) Subject to the provisions of section 4 (2) of Repeals(for
this Act, the Extradition Acts, 1870 to 1932 (of the United :?:;).

C' Kingdom) and the Fugitive Offenders Act, 188 1 (of the United Vict. c. 52, 36 & 37 Kingdom) shall cease to have effect in Jamaica after the 8th day c. 60
of July, 199 1. 58 & 59

Vict.c. 33.

(2) The Interpretation Act shall have effect as if the
Acts of the United Kingdom mentioned in subsection (1) were
Acts within the meaning of the Interpretation Act.

Column A

1. The Convention on the
Prevention and Punishment of
Crimes Against Internationally
Protected Persons, Including
Diplomatic Agents, adopted by the
General Assembly of the United
Nations on December 14, 1973.

2. The International Convention
Against the Taking of Hostages,
adopted by the General Assembly of
the United Nations on December 17,
1979.

3. The International Convention

C;
for the Suppression of Terrorist
Financing, adopted by the General
Assembly of the United Nations on
December 9, 1999.

4. The Convention on the
Physical Protection of Nuclear
Material, adopted at Vienna on
October 26, 1979.

(Sections 2 and 5) 1812005
2nd Sch.

Column B

1. In so far as Article 8 of
that Convention requires.

2. In so far as Article 10 of
that Convention requires.

3. Insofaras Article 11 of
that Convention requires.

4. In so far as Article l l of
that Convention requires.

[The lncluslon of thls page Is aulhorhd by L.N. 180An0061

Column A
5. The Convention for the

Suppression of Unlawful Acts
Against the Safety of Maritime
Navigation, done at Rome on
March 10, 1988.

6. The Protocol for the
Suppression of Unlawful Acts
Against the Safety of Fixed
Platforms Located on the
Continental Shelf, done at Rome on
March 10, 1988

7. The International Convention
for the Suppression of Terrorist
Bombings, adopted by the General
Assembly of the United Nations on
December 15, 1997.

8. The Convention on the
Physical Protection of Nuclear
Material, signed at New York and
Vienna on March 3, 1980.

9. The Hague Convention.

10. The Montreal Convention
and the Montreal Protocol to that
Convention.

Column B
5. In so far as Article 11 of

that Convention requires.

6. In so far as Article 1 of
that Convention requires.

7. In so far as Article 9 of
that Convention requires.

8. In so far as Article 11 of
that Convention requires.

9. In so far as M c l e 8 of
that Convention requires.

10. In so far as Article 8 of
that Convention requires.

[The inclusion of this page is authorized by L.N. 180N20061