Document ID: chunk:federal_register_of_legislation:F1997B01937:body:0:p12
Version: federal_register_of_legislation:F1997B01937
Segment Type: other
Provision Reference: 
Character Range: 27557–30188

sought shall be taken into account without reference to the elements of the offence prescribed by the law of the Requesting State.

SCHEDULE 2—continued

     "6. Extradition may be grained pursuant to the provisions of this Treaty irrespective of when the offence in relation to which extradition is sought was committed, provided that:
          (a) it was an offence in the Requesting State at the time of the acts or omissions constituting the offence; and
          (b) the acts or omissions alleged would, if they had taken place in the territory of the Requested State at the time of the making of the request for extradition, have constituted an offence against the law in force in that State.
     "7. When a person has been convicted in his absence of an extraditable offence then, for the purposes of this Treaty, the person shall be deemed not to have been convicted of that offence but shall be deemed to be accused of that offence."
Article 2
Article 5 of the Treaty shall be amended by adding "or" to the end of paragraph 1 (e) and deleting paragraph 1 (f).
Article 3
The text of Article 7 of the treaty shall be replaced by the following:
      "1. A request for extradition shall be made in writing. All documents submitted in support of a request for extradition shall be duly authenticated.
      "2. The request for extradition shall be accompanied:
          (a) if the person is accused of an offence by a warrant for the arrest or a copy of the warrant for arrest of the person, a statement of each offence for which extradition is sought and a statement of the acts or omissions which are alleged against the fugitive in respect of each offence:
          (b) if the person has been convicted of an offence by such documents as provide evidence of the conviction and the sentence imposed, the fact that the sentence is immediately enforceable, and the extent to which the sentence has not been carried out:
          (c) if the person has been convicted of an offence but no sentence has been imposed—by such documents as provide evidence of the conviction and a statement affirming that it is intended to impose a sentence;
          (d) in all cases by documents setting out the relevant provision of the statute, if any creating the offence or a statement of the relevant law as to the offence including any law relating to the limitation of proceedings, as the case may be and in either case a statement of the punishment that can be imposed for the offence; and
          (e) in all cases by information as to the nationality and residence of the person and by documents that establish that the person