Document ID: chunk:federal_register_of_legislation:F1996B01213:body:0:p3
Version: federal_register_of_legislation:F1996B01213
Segment Type: other
Provision Reference: 
Character Range: 5150–7910

religion, nationality or political opinion or that the person's position may be prejudiced for any of those reasons;
      (d) final judgment has been rendered in the Requested State or in a third state in respect of the offence for which the person's extradition is requested:
        - if the afore-mentioned judgment resulted in the person's acquittal:
        - if the term of imprisonment or other deprivation of liberty to which the person was sentenced has been completely enforced, or has been wholly or with respect to the part not enforced, the subject of a pardon or an amnesty; or
        - if the court convicted the person without imposing a penalty; or
      (e) the person whose extradition is requested cannot, according to the law of either Contracting Party, be prosecuted or punished by reason of lapse of time.

2. Extradition may be refused in any of the following circumstances if:
      (a) the person whose extradition is requested is a national of the Requested State. Where the Requested State refuses to extradite a national of that State it shall, if the Requesting State so requests and the law of the Requested State allows, submit the case to the competent authorities in order that proceedings for the prosecution of the person in respect of all or any of the offences for which extradition has been requested may be taken: or
      (b) the offence for which extradition is requested is subject to the jurisdiction of the Requested State and that State will prosecute that offence.

SCHEDULE—continued

3. The Requested State may recommend to the Requesting State that a request for extradition be withdrawn, specifying the reasons therefore, where it considers, taking into account the age, health or other personal circumstances of the person sought, that extradition should not be requested.

ARTICLE 4

The Request and Supporting Documents
1. A request for extradition shall be made in writing and shall be communicated through the diplomatic channel. All documents submitted in support of a request for extradition shall be authenticated in accordance with Article 5.

2. The request for extradition shall be accompanied:
      (a) if a person is accused of an offence—by a warrant for the arrest or a copy of the warrant for the arrest of the person, a statement of each offence for which extradition is requested and a description of the acts or omissions which are alleged against the person in respect of each offence;
      (b) if a person has been convicted in that person's absence of an offence—by a judicial or other document, or a copy thereof, authorising the apprehension of the person, a statement of each offence for which extradition is requested and a description of the acts or omissions which are alleged