Extradition Act


Published: 1994-09-19

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Extradition Act
EXTRADITION [CH.96 – 1


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EXTRADITION

CHAPTER 96

EXTRADITION

LIST OF AUTHORISED PAGES

1 – 14B LRO 1/2006
15 – 21 Original



ARRANGEMENT OF SECTIONS


PART I
PRELIMINARY


SECTION

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 II
EXTRADITION TO APPROVED STATES


6. Persons liable to be extradited.
7. General restrictions on extradition.


PART III
PROCEEDING FOR EXTRADITION


8. Authority to proceed.
9. Arrest for purposes of committal.
10. Proceedings for committal.
11. Applications 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 APPROVED STATES



CH.96 – 2] EXTRADITION





STATUTE LAW OF THE BAHAMAS LRO 1/2006

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

19. Restoration of person not tried or acquitted.


PART V
MISCELLANEOUS


20. Regulations.
21. Application to offences committed before as well as after the commencement

of this Act.
22. Transitional.
23. Saving of proceedings pending at time of new treaties.


EXTRADITION [CH.96 – 3


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CHAPTER 96

EXTRADITION

An Act to make new provision for the extradition
to and from Commonwealth countries and foreign
States of persons accused or convicted of certain
offences and to provide for matters connected
therewith.

[Assent 27th May, 1994]
[Commencement 19th September, 1994]

PART I
PRELIMINARY

1. This Act may be cited as the Extradition Act.
2. (1) In this Act —
“approved State” means either a designated

Commonwealth State or a treaty State, as the
circumstances may require;

“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 including any
offence specified by any other Act to be an
extradition offence to which this Act applies;

“extradition treaty” means a treaty or agreement,
whether made before or after the
commencement of this Act, relating to the
extradition of fugitive offenders and which is
binding on the Government of The Bahamas;

8 of 1994
18 of 2004
25 of 2004

Short title.

Interpretation.

CH.96 – 4] EXTRADITION





STATUTE LAW OF THE BAHAMAS LRO 1/2006

“extra-territorial offence” means an offence which
takes place outside a place over which The
Bahamas exercises sovereignty;

“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 The Bahamas or in a Commonwealth
country or a foreign state;

“habeas corpus” means habeas corpus ad
subjiciendum;

“magistrate” means a stipendiary and circuit
magistrate appointed under the Magistrates Act;

“Minister” means the Minister assigned
responsibility for extradition;

“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

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

(b) in so far as an offence which is an
extradition offence by virtue of any other
Act or subsection (2) of section 5, a foreign
or contracting State to which that Act or
subsection, as the case may be, applies;

(c) in so far as Article 8 of the Hague
Convention requires, a contracting party to
that Convention.

(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.

Ch. 54.

EXTRADITION [CH.96 – 5


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(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 Commonwealth 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.

4. (1) Where an extradition treaty has been made
with any foreign State, whether before or after the
commencement of this Act, the Minister may, by order,
declare that the provisions of this Act shall apply in respect
of such foreign 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 commencement of this Act in relation to the
extradition of fugitive offenders, all instruments made
under any enactment (whether in The Bahamas or in the
United Kingdom) to give effect in The Bahamas to the
treaty or agreement, if in force at the date of
commencement of this Act, shall continue to have effect as
if made under this Act until other provision is made
pursuant to subsection (1).

(3) The Minister may by order, compile and publish
in the Gazette a list of foreign States with which
extradition treaties or agreements binding on The Bahamas
are in force; and, without prejudice to the definition of
“treaty state” in section 2(1) or to any other form of proof
of the existence of such a treaty or agreement, that shall, in
any proceedings, be conclusive evidence that an extradition
treaty or agreement is in force between The Bahamas and
each foreign State named in the list.

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

Application of
the provisions of
this Act to
foreign States.

CH.96 – 6] EXTRADITION





STATUTE LAW OF THE BAHAMAS LRO 1/2006

5. (1) Without prejudice to subsection (2) for the
purposes of this Act, any offence of which a 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 The Bahamas if it took place within
The Bahamas (or in the case of an extra-
territorial offence, in corresponding
circumstances outside The Bahamas) and
would be punishable under the law of The
Bahamas with imprisonment for a term of
two years or any greater punishment;

(b) 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 of omission,
would constitute an offence against the
law of The Bahamas if it took place within
The Bahamas or, in the case of an extra-
territorial offence, in corresponding
circumstances outside The Bahamas.

(2) Any offence constituted by an act, including an
act taking place in The Bahamas that is of a kind over
which Contracting States to an international Convention to
which The Bahamas is a party are required by 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 such
Contracting State that appears to a court in The Bahamas
having regard to the provisions of the Convention, to be
appropriate.

Extradition
offences.

EXTRADITION [CH.96 – 7


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(3) Any offence which the Minister under his hand
certifies is the subject matter of a request received from an
approved State for the purposes of section 8 and that he is
satisfied is constituted by acts in furtherance of the
possession, distribution, importation or manufacture of
dangerous drugs is an extradition offence for the purposes
of this Act and of the extradition treaty with that approved
State.

PART II
EXTRADITION TO APPROVED STATES
6. Subject to this Act, a person found in The

Bahamas who is accused of an extradition offence in any
approved State or who is alleged to be unlawfully at large
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 or to the Supreme
Court on an application for habeas corpus —

(a) that the offence of which that person is accused
or was convicted is an offence of a political
character or that it is an offence under military
law which is not also an offence under the
general criminal law; or

(b) that the request for extradition, though
purporting to be on account of an extraditable
offence, is in fact made for the purpose of
prosecuting or punishing him on account of his
race, religion, nationality or political opinions;
or

(c) 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

(d) if the offence of which that person is accused is
statute-barred in the approved State that has
requested his extradition; or

(e) if his extradition is prohibited by any law in
force in The Bahamas.

Persons liable to
be extradited.

General
restrictions on
extradition.

CH.96 – 8] EXTRADITION





STATUTE LAW OF THE BAHAMAS LRO 1/2006

(2) A person accused of an offence or alleged to be
unlawfully at large after being convicted of an offence
shall not 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 or to the Supreme Court on an application for
habeas corpus that if charged with that offence in The
Bahamas he would be entitled to be discharged under any
rule of law relating to previous acquittal or conviction.

(3) Paragraph (a) of subsection (1) shall not apply to
a crime referred to under sections 3 and 5 of the Anti-
Terrorism Act.

(4) 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 fugitive 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 The Bahamas, or had
had an opportunity of leaving the approved State.

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

25 of 2004.


Ch. 107.

EXTRADITION [CH.96 – 9


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stating its terms shall be conclusive evidence of the matters
contained in the certificate.

(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 The Bahamas 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

(b) 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 III
PROCEEDINGS FOR EXTRADITION

8. (1) Subject to the provisions of this Act relating
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 an “authority to
proceed”) issued in pursuance of a request made to the
Minister by or on 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 an offence, a
warrant for his arrest issued in that State; or

(b) 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 statement 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

Authority to
proceed.

CH.96 – 10] EXTRADITION





STATUTE LAW OF THE BAHAMAS LRO 1/2006

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 proceed, 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. (1) A warrant for the arrest of a person accused
of an extradition offence, or alleged to be unlawfully at
large after conviction of such an offence, may be issued —

(a) on receipt of an authority to proceed, by a
magistrate; or

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

(2) A warrant of arrest under this section may be
issued upon such information as would, in the opinion of
the magistrate authorise 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
jurisdiction of the magistrate.

(3) A warrant of arrest issued under this section
(whether or not it is a provisional warrant) may, without an
endorsement to that effect, be executed in any part of The
Bahamas, whether such part is within or outside the
jurisdiction 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
magistrate by whom it is issued shall forthwith give notice
of the issue to the Minister, and transmit to him 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 in 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

Arrest for
purposes of
committal.

EXTRADITION [CH.96 – 11


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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. (1) 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
conducting a preliminary inquiry under the Criminal
Procedure Code 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
remand in custody or to release on bail) as it would have if
it were conducting a preliminary inquiry and the person
arrested were charged with an indictable offence
committed within its jurisdiction.

(3) Where the person arrested is in custody under a
provisional warrant and no authority to proceed has been
received in respect of him, the court of committal 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) Where an extradition treaty applicable to any
request for extradition specifies a period (hereinafter
referred to as the treaty period) for the production of
documents relevant to an application for extradition, any
period fixed pursuant to subsection (3) shall be as to
terminate at the end of the treaty period.

(5) Where an authority to proceed has been issued
in 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 offence to which the authority
relates is an extradition offence and is further satisfied —

Proceedings for
committal.

CH.96 – 12] EXTRADITION





STATUTE LAW OF THE BAHAMAS LRO 1/2006

(a) where the person is accused of the offence, that
the evidence would be sufficient to warrant his
trial for that offence if the offence had been
committed in The Bahamas; or

(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
prohibited 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.

(6) The fact that the person against whom
extradition proceedings have been taken is the subject of
other pending criminal proceedings in The Bahamas or is
undergoing a sentence of imprisonment in The Bahamas
shall not prohibit the court of committal from proceeding
on the extradition request.

(7) If the court of committal refuses to make an
order under subsection (5) in relation to a person in respect
of the offence or, as the case may be, any of the offences to
which the authority to proceed relates, the approved State
seeking the surrender of that person to it may question the
proceeding on the ground that it is wrong in law by
applying to the court to state a case for the opinion of the
Supreme Court on the question of law involved.

(8) If the approved State immediately informs the
court of committal that it intends to make such an
application, the court shall make an order providing for the
detention of the person to whom the authority to proceed
relates, or directing that he shall not be released except on
bail.

(9) The provisions of sections 231, 235, 237, 239,
243 and 244 of the Criminal Procedure Code Act shall, as
they apply to an appeal by way of case stated, apply
mutatis mutandis to an application under subsection (7).

(10) The Supreme Court shall have power —
(a) to remit the case to the court of committal to

decide it according to the opinion of the
Supreme Court on the question of law; or

(b) to dismiss the appeal.

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(11) Where the Supreme Court dismisses an appeal
relating to an offence, it shall by order declare that that
offence is not an offence in respect of which the Minister
has power to make an order for return in respect of the
person whose return was requested.

(12) An order by a court of committal under
subsection (8) shall cease to have effect if —

(a) the Supreme Court dismisses the appeal in
respect of the offence or all the offences to
which it relates; and

(b) the approved state does not immediately —
(i) appeal to the Court of Appeal; or
(ii) inform the Supreme Court that it intends

to so appeal.
(13) Subsection (1) of section 17, other than the

proviso thereto, of the Court of Appeal Act shall apply to
an appeal referred to in subsection (12).

(14) The Court of Appeal may exercise any powers
of the Supreme Court under subsection (10) and subsection
(11) shall apply to them as it applies to that Court.

(15) Subject to subsection (12) an order under
subsection (8) shall have effect so long as the case is
pending.

(16) For the purposes of this section a case is pending
(unless proceedings are discontinued) until (disregarding
any power of a court to grant leave to take any step out of
time) there is no step that the approved State can take.

11. (1) Where a person is committed to custody
under section 10(5), the court of committal shall inform
him in ordinary language of his right to make an
application to the Supreme Court for habeas corpus and
shall forthwith give notice of the committal 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.

Ch. 52.

Applications for
habeas corpus,
etc.

CH.96 – 14] EXTRADITION





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(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

(b) 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,

it would, having regard to all 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) An appeal shall lie to the Court of Appeal in any
proceedings upon application for habeas corpus under
subsection (1) against an order for the release of the person
restrained as well as against the refusal of such order and
for that purpose the Court of Appeal may exercise, as the
Court deems fit, any of the powers conferred upon it by
subsection (4) of section 21 of the Court of Appeal Act.

(6) An appeal under subsection (5) shall not affect
the right of the person restrained to be discharged in
pursuance of the order under appeal and to remain at large
pending the determination of the appeal unless an order
under subsection (7) is in force.

(7) Notwithstanding subsection (6), in the case of an
application to the Supreme Court for habeas corpus where
the applicant would, but for the decision of the Court, be
liable to be detained, and immediately after that decision
the respondent gives notice that he intends to appeal, the
Court may make an order providing for the detention of the
applicant, or directing that he shall not be released except
on bail so long as any appeal under this Act is pending.


1 Subsections (5), (6) and (7) as inserted by Act 18 of 2004 apply to all pending
extradition proceedings commenced before the 2nd September 2004 except in the case
where a final order for a writ of habeas corpus has been granted.

18 of 2004.1









Ch. 52.

18 of 2004.

18 of 2004.

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12. (1) Where a person is committed to await his
extradition and is not discharged by order of the Supreme
Court, the Minister may, by warrant, order him to be
extradited to the approved State 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 Minister 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 The Bahamas —

(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

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





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Order for
extradition and
priority of
requests.

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(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 convicted of
an extradition offence not punishable with death in The
Bahamas 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
question;

(b) the date on which each such request 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 to be given to the person to be
extradited thereunder and thereupon the provisions of the
Prisons 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
directions in writing issued under section 19 of the Prisons
Act.

CH.96 – 16] EXTRADITION





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

13. (1) If any person committed to await his
extradition is in custody in The Bahamas under this Act
after the expiration of the following period, that is to say —

(a) in any case, the period of two months
commencing with the first day on which, having
regard to subsection (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
commencing 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
application has been given to the Minister, the Supreme
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 12, quash that warrant.

14. (1) In any proceedings under this Act, including
proceedings on an application for habeas corpus in respect
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 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 —

(i) 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,

Discharge of
fugitive in case
of delay in
extraditing.

Evidence.

EXTRADITION [CH.96 – 17


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

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 the other matters stated
therein.

(2) Nothing in this section shall render admissible
hearsay evidence in a duly authenticated document which
evidence would otherwise not be admissible under any
other law save that the inclusion in that document of the
hearsay evidence shall not of itself render that document
inadmissible.

(3) 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
recording that testimony or a true copy of that
original document;

(b) in the case of a document which purports to
have been received in evidence as referred to in
subsection (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

(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.

(4) In this section “oath” includes affirmation or
declaration.

(5) A document purporting to be issued under the
hand of the Minister for the purposes of section 5(3) shall
be admissible in evidence in any proceedings under this
Act and shall be prima facie evidence of the facts stated in
that document.

CH.96 – 18] EXTRADITION





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(6) Nothing in this section shall prevent the proof of
any matter, or the admission in evidence of any document,
in accordance with any other law of The Bahamas.

15. (1) 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 The Bahamas 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
The Bahamas whether under this Act or otherwise, is
required to be removed in custody under this Act or
otherwise, is required to be removed in custody under this
Act to another part of The Bahamas and is so removed, he
shall be deemed to continue 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
extraction 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 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.

Custody.

Property found
on fugitive.

Fugitive may be
extradited
without formal
extradition
proceedings.

EXTRADITION [CH.96 – 19


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(2) If the fugitive, upon being informed of his right
to extradition proceedings, consents in writing to be
extradited 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
committed to custody to await his extradition pursuant to
subsection (2), 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 STATES

18. (1) This section applies to any person accused or
convicted of an offence under the law of The Bahamas and
who is extradited to The Bahamas from any approved State
under 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 The Bahamas or be detained with a
view to trial in The Bahamas for or in respect of
any offence committed before he was extradited
to The Bahamas other than —

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

(ii) any lesser offence proved by the facts
established for the purposes of securing
his extradition or, in the case of a fugitive
who is extradited to The Bahamas without
formal extradition proceedings in an
approved State, any lesser offences
disclosed by the facts upon which the
request for extradition was based;

Extradition of
persons to The
Bahamas and
certain
restrictions for
other offences.

CH.96 – 20] EXTRADITION





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(iii) 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) 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 this arrival in The
Bahamas on his extradition and ending forty-five days after
the first subsequent day on which he has the opportunity to
leave The Bahamas.

(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 The Bahamas after the date on which he
was extradited to The Bahamas, voluntarily returns thereto.

19. (1) This section applies to any person accused of
an offence under the laws of The Bahamas who is
extradited to The Bahamas 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 arrival in The Bahamas 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.

Restoration of
person not tried
or acquitted.

EXTRADITION [CH.96 – 21


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

PART V
MISCELLANEOUS

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.

21. A fugitive whose extradition is sought by an
approved State, or from such state to The Bahamas shall,
subject to the provisions of this Act, be liable to be dealt
with under this Act whether the offence in respect of which
he has been accused or convicted was committed before or
after the commencement of this Act:

Provided that nothing in this Act shall be construed
as having the effect of authorising the extradition of a
person from or to The Bahamas for an offence committed
prior to the date of the coming into operation of this Act
and for which offence he was not liable to be so extradited
by virtue of the law immediately in force prior to that date.

22. Any proceedings in connection with a request
for extradition made before the commencement of this Act
may be instituted or continued under this Act.

23. Where an extradition treaty which is binding on
The Bahamas is replaced by another extradition treaty
made between The Bahamas and a foreign State, the
replacement shall not prejudice any proceedings pending at
the time of the replacement.

Regulations.

Application to
offences
committed before
as well as after
the
commencement
of this Act.

Transitional.

Saving of
proceedings
pending at time
of new treaties.