Document ID: chunk:federal_register_of_legislation:F1997B01933:body:0:p3
Version: federal_register_of_legislation:F1997B01933
Segment Type: other
Provision Reference: 
Character Range: 5066–7882

shall not be granted if:
    (a) the offence for which extradition is requested is regarded by the Requested State as a political offence, provided that offences which are not political offences according to
        (i) the law of the Requested State; or
        (ii) any international convention to which both Contracting Parties are party,
       Shall not be regarded as political offences for the purposes of this Treaty;
    (b) there are substantial grounds for believing that a request for extradition for an ordinary criminal offence has been made for the purposes of prosecuting or punishing a person on account of that person's race, religion, nationality or political opinion or that that person's position may be prejudiced for any of those reasons;
    (c) the offence for which extradition is requested is punishable by death:
    (d) the offence for which extradition is requested is an offence under military law, which is not an offence under the ordinary criminal law of the Contracting Parties;
    (e) final judgement has been rendered in the Requested State or in a third state in respect of the offence for which the extradition is requested, and
        (i) the judgement resulted in the person's acquittal:
        (ii) the term of imprisonment to which the person was sentenced has been completely enforced, or is wholly or with respect to the part not enforced, the subject of a pardon or an amnesty; or
        (iii) the court convicted the person without imposing a penalty;
    (f) the person whose extradition is requested is the subject of an amnesty in respect of the offence for which extradition is requested, or has, according to the law of either Contracting Party, become immune from prosecution or punishment by reason of lapse of time, or for any other reason;
    (g) the person, on being extradited to the Requesting State, would be liable:
        (i) to be tried or sentenced in that State by a court or tribunal that has been specially established for the purpose of trying the person's case, or that is only occasionally, or under exceptional circumstances, authorised to try persons accused of the offence for which extradition is requested: or
        (ii) to serve a sentence imposed by such a court or tribunal.

SCHEDULE—continued

2. The Requested State shall have the right to refuse extradition if:
    (a) the competent authorities of the Requested State have decided to refrain from prosecuting the person whose extradition is requested for the offence in respect of which extradition is requested:
    (b) the offence for 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