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 II
Extradition to approved States

   6   Persons liable to be extradited

   7   General restrictions on extradition

 

PART III
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 approved States

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

   19   Restoration of persons not tried or acquitted

 

PART V
Miscellaneous

   20   Regulations

   21   Application to offences committed before as well as after the 8th day of July, 1991

   22   Saving of proceedings pending at time of new treaties

   23   Repeals (for Jamaica)

      SCHEDULE

 

THE EXTRADITION ACT

[Date of Commencement: 8th July, 1991]

Acts
7 of 1991,
35 of 1995,
18 of 2005.

PART I
Preliminary (sections 1-5)

1   Short title

   This Act may be cited as the Extradition Act.

2   Interpretation

   (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 Assembly 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;

   "extradition treaty" means a treaty or agreement, whether made before or after the 8th day of July, 1991, relating to the extradition of fugitive 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 subjiciendum;

   "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 23rd September, 1971;

   "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)   a contracting party to a Convention specified in Column A of the Schedule, in so far as specified in relation thereto in Column B of the Schedule.

[18/2005 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   Application of the provisions of this Act to designated Commonwealth States

   (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.

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

4   Application of the provisions or this Act to foreign states

   (1) Where any extradition treaty has been made with any foreign State, whether before or after the 8th day of July, 1991, 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 8th day of July, 1991, in relation to the extradition of fugitive offenders, all instruments made under any enactment (whether in Jamaica or in the United Kingdom) to give effect in Jamaica 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.

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