Document ID: chunk:federal_register_of_legislation:F2022C00443:schedule:1:p6
Version: federal_register_of_legislation:F2022C00443
Segment Type: schedule
Provision Reference: sch 1 (pt 6/8)
Character Range: 15670–18456

circumstances and, in particular, to:
       (a) the relative seriousness of the offences;
       (b) the time and place of commission of each offence;
       (c) the respective dates of the requests;
       (d) the nationality of the person;
       (e) the ordinary place of residence of the person; and
       (f) the possibility of the subsequent surrender of the person to another State.

ARTICLE X

SURRENDER OF PERSON

    1. The requested State shall, as soon as the decision on the request for extradition has been made pursuant to its law, communicate that decision to the requesting State through the diplomatic channel.
    2. Where extradition of a person for an offence is granted, the person shall be removed from the requested State from a point of departure in that State convenient to the requesting State.
    3. The requesting State shall remove the person from the requested State within such reasonable period as the last‑mentioned State specifies and, if the person is not removed within that period, the requested State may refuse to extradite him for the same offence.

ARTICLE XI

SURRENDER OF PROPERTY

    1. To the extent permitted under the law of the requested State all property found in the requested State that has been acquired as a result of the offence or may be required as evidence shall, if the requesting State so requests, be surrendered if extradition is granted.
    2. Subject to paragraph 1 of this Article, the above‑mentioned property shall, if the requesting State so requests, be surrendered to that State even if the extradition, having been consented to, cannot be carried out owing to the death or escape of the person sought.
    3. The rights of the requested State or of third parties in the property shall be preserved. Where such rights exist, the property shall, without charge, be returned to the requested State at the end of the proceedings in the requesting State if the requested State so requests.
    4. The requested State may temporarily retain the property referred to in this Article if it considers it necessary for the purpose of criminal or civil proceedings. In such a case the requesting State may request the temporary handing over of the property, undertaking to return it as soon as the proceedings conducted in its territory permit if the requested State so requests.

ARTICLE XII

RULE OF SPECIALITY

    1. A person extradited under this Treaty shall not be proceeded against, sentenced or detained with a view to the carrying out of a sentence, or be otherwise restricted in his personal freedom, in the requesting State for any offence committed before his surrender, other than the offence for which his extradition was granted, except:
       (a) where the requested State consents; or
       (b) where