Document ID: chunk:federal_register_of_legislation:F2008L00529:body:0:p5
Version: federal_register_of_legislation:F2008L00529
Segment Type: other
Provision Reference: 
Character Range: 10439–13212

account of race, religion, nationality or political opinions; or
 (c) that the person might, if returned, be prejudiced at trial or punished, detained or restricted in his or her personal liberty by reason of race, religion, nationality or political opinions.

(2) For the purposes of paragraph (1), an offence of a political character does not include any offence in respect of which both Parties have an obligation in accordance with a multilateral agreement either to surrender the person sought or to submit the case to their competent authorities for decision as to prosecution.

(3) Surrender for an offence shall be refused if the person whose surrender is sought cannot under the law of either Party be prosecuted or punished for that offence.
ARTICLE 7
DISCRETIONARY REFUSAL OF SURRENDER
Surrender may be refused if the requested Party considers that:
 (a) the offence is, having regard to all the circumstances, not sufficiently serious to warrant the surrender;
 (b) there has been excessive delay, for reasons which cannot be imputed to the person sought, in bringing charges, in bringing the case to trial or in making the person serve his or her sentence or the remainder thereof;
 (c) the offence for which surrender is sought was committed within the jurisdiction of its courts;
 (d) the surrender might place that Party in breach of its obligations under international treaties; or
 (e) in the circumstances of the case, the surrender would be incompatible with humanitarian considerations in view of the age, health or other personal circumstances of the person sought.
ARTICLE 8
POSTPONEMENT OF SURRENDER

If the person sought is being proceeded against or is under punishment in the jurisdiction of the requested Party for any other offence, surrender shall be deferred until the conclusion of the proceedings and the execution of any punishment awarded.
ARTICLE 9
THE REQUEST AND SUPPORTING DOCUMENTS

(1) Requests for surrender and related documents shall be conveyed through the appropriate authority as may be notified from time to time by one Party to the other.
(2) The request shall be accompanied by:
 (a) as accurate a description as possible of the person sought, together with any other information which would help to establish that person's identity, nationality and location;
 (b) a statement of each offence for which surrender is sought and a statement of the acts and omissions which are alleged against the person in respect of each offence; and
 (c) the text of the legal provisions, if any, creating the offence, and a statement of the punishment which can be imposed therefor and any time limit on the institution of proceedings, or on the execution of any punishment for that offence.

(3) If the request relates to an accused