Document ID: chunk:federal_register_of_legislation:F1997B01933:body:0:p4
Version: federal_register_of_legislation:F1997B01933
Segment Type: other
Provision Reference: 
Character Range: 7645–10370

which extradition is requested is regarded under the law of the Requested Stale as having been committed in whole or in part within that State;
    (c) a prosecution in respect of the offence for which extradition is requested is pending in the Requested State against the person whose extradition is requested:
    (d) the person sought has been convicted in that person's absence of the offence for which extradition is requested, unless the Requesting State provides an assurance, which is considered by the Requested State to be sufficient, that the person sought shall, upon surrender, have a right to appeal against the conviction or to seek a new trial; or
    (e) the offence for which extradition is requested is punishable by life imprisonment. For the purposes of this Treaty, an offence shall not be regarded as punishable by life imprisonment if the Requesting State gives the Requested State an assurance that, notwithstanding the imposition of a sentence of life imprisonment, the person could be released:
3. The Requested State may recommend to the Requesting State that a request for extradition be withdrawn, specifying the reasons there for, where it considers, taking into account the age health or other personal circumstances of the person sought, that extradition should not be requested.

ARTICLE 5

RULE OF SPECIALITY

1. Subject to paragraph 3 of this Article, a person extradited under this Treaty shall not be detained or tried, or be subjected to any other restriction of personal liberty, in the Requesting State for any offence committed before the extradition other than:
    (a) an offence for which extradition was granted; or
    (b) any other extraditable offence in respect of which the Requested State consents.
2. A request for the consent of the Requested State under this Article shall be accompanied by the documents mentioned in paragraph 2 of Article 8.
3. Paragraph 1 of this Article does not apply if the person has had an opportunity to leave the Requesting State and has not done so within 45 days of final discharge in respect of the offence for which that person was extradited or if the person has returned to the Requesting State after leaving it.
4. If the description of the offence charged in the Requesting State is altered in the course of proceedings, the person extradited shall be proceeded against or sentenced only in so far as the offence under its new description is an offence for which extradition could be granted pursuant to this Treaty.

ARTICLE 6

RE-EXTRADITION TO A THIRD STATE

1. Where a person has been surrendered to the Requesting Stale by the Requested State, the Requesting State shall not extradite that person to any third state for an offence