Document ID: chunk:federal_register_of_legislation:F2023L01553:schedule:1:p6
Version: federal_register_of_legislation:F2023L01553
Segment Type: schedule
Provision Reference: sch 1 (pt 6/10)
Character Range: 17135–19890

of conviction, against the person sought;

      f)  a statement that request for extradition for the person sought will follow; and

      g)  a statement about the reasons for urgency.

3. On receipt of such an application the Requested State shall take the necessary steps to secure the arrest of the person sought. The Requesting State shall be notified as soon as possible of the result of its application, including the date and place of arrest if applicable.

4. A person arrested upon such an application may be released upon the expiration of 60 days from the date of that person's arrest if a request for extradition, supported by the documents specified in Article 7, has not been received by the Requested State.

5. If the person is released from custody the Requested State shall notify the Requesting State as soon as possible.

6. The release of a person pursuant to paragraph 4 of this Article shall not prevent the institution of proceedings with a view to extraditing the person sought if the request is subsequently received.

Article 10
CONFLICTING REQUESTS
1. Where requests are received from two or more States for the extradition of the same person, the Requested State shall determine to which of those States the person is to be extradited and shall notify those States of its decision.

2. In determining to which State a person is to be extradited, the Requested State shall have regard to all relevant circumstances, including:

     a) if the requests relate to different offences ‑ the relative seriousness of the offences;

     b) the time and place of commission of each offence;

     c) the dates of the receipt of the requests;

     d) the nationality of the person;

     e) the ordinary place of residence of the person; and

     f) the possibility of subsequent extradition to another State.

Article 11
NOTIFICATION OF DECISIONS
As soon as a decision on the request for extradition has been made, the Requested State shall communicate that decision to the Requesting State and give reasons for any complete or partial rejection of the request for extradition.

Article 12
POSTPONED OR TEMPORARY SURRENDER

1. The Requested State may postpone the surrender of a person in order to proceed against that person, or so that the person may serve a sentence, for an offence other than an offence constituted by an act or omission for which extradition is sought. In such case the Requested State shall advise the Requesting State accordingly.
2. When, in the opinion of the competent medical authority in the Requested State, the person whose extradition is sought cannot be transported from the Requested State to the Requesting State without serious danger to the person's life due to grave illness,