Document ID: chunk:federal_register_of_legislation:F2010L01778:body:0:p5
Version: federal_register_of_legislation:F2010L01778
Segment Type: other
Provision Reference: 
Character Range: 10145–12845

of the warrant for the arrest, of that person; and

(b) in relation to a person convicted in his absence, an undertaking by the Requesting State that the person shall be deemed not to have been convicted of that offence, but rather shall be deemed to be accused of that offence.

4. When the request for extradition relates to a person who has been convicted of an offence otherwise than in his absence but no sentence has been imposed, the request shall also be accompanied by such documents as provide evidence of the conviction and a statement affirming that it is intended to impose the sentence.

5. When the request relates to a person convicted of an offence, otherwise than in his absence, the request shall also be accompanied by such documents as provide evidence of the conviction and of the sentence imposed, the fact that the sentence is immediately enforceable and the extent to which the sentence has not been carried out.

6. To the extent permitted by the law of the Requested State, extradition may be granted without a formal extradition proceeding if the person sought consents in writing to the extradition after being advised by a judge or other competent authority of his right to a formal extradition proceeding and the protection afforded by such a proceeding.

7. The documents submitted in support of a request for extradition shall be accompanied by a translation into the language of the Requested State.

Article 6
Authentication of supporting documents

1. A document that, in accordance with Article 5, accompanies a request for extradition shall be admitted in evidence, if authenticated, in any extradition proceedings in the territory of the Requested State.

2. A document is authenticated for the purposes of this Treaty if:

(a) it purports to be:

(i) signed or certified by a Judge, Magistrate or other judicial officer in or of the Requesting State; and

(ii) sealed with an official or public seal of the Requesting State or of a Minister of State or of a Department or officer of the Government, of the Requesting State; or

(b) it is legalised in accordance with the practice of the Requesting State where such legalisation is sufficient for the purposes of the Requested State.

Article 7
Additional information

1. If the Requested State considers that the information furnished in support of a request for extradition is not sufficient in accordance with this Treaty to enable extradition to be granted that State may request that additional information be furnished within 45 days.

2. If the person whose extradition is sought is under arrest and the additional information furnished is not sufficient in accordance with this Treaty or is not received