Document ID: chunk:federal_register_of_legislation:F2010L01912:body:0:p3
Version: federal_register_of_legislation:F2010L01912
Segment Type: other
Provision Reference: 
Character Range: 5099–7884

shall not be granted if:

       a. the offence of which a person is accused or convicted is a military offence which is not also an offence under the general criminal law;

       b. if the person whose extradition is sought has, according to the law of the Requesting State, become immune from prosecution or punishment by reason of lapse of time;

       c. if the offence with which the person sought is accused or convicted, or any other offence for which that person may be detained or tried in accordance with this Treaty, carries the death penalty under the law of the Requesting State, unless the extradition request includes an undertaking that the death penalty will not be imposed or, if imposed, will not be carried out.

2. Extradition may be refused if the offence of which it is requested is an offence of a political character. For the purposes of this Treaty the following offences shall not be regarded as offences of a political character:

       a. an offence in respect of which the Contracting States have an obligation to extradite or submit the case to their competent authorities for prosecution, under a multilateral/international treaty or convention to which both Contracting States are parties;

       b. an offence in respect of the taking or attempted taking of the life of a Head of State, Head of Government, or a member of that person's family;

       c. murder, culpable homicide or manslaughter;

       d. an offence, involving firearms, explosives, incendiaries, destructive devices or substances, causing death, grievous bodily harm or serious damage to property;

       e. any other offence related to terrorism which at the time of the request is, under the law of the Requested State, not to be regarded as an offence of a political character; or

       f. conspiracy or attempt to commit, or participation in, or abetment of, any of the foregoing offences.

3. Extradition may be refused in any of the following circumstances:

       a.  if the person has been tried and finally dealt with in respect of the offence for which extradition is sought;

       b. if the Requested State has substantial grounds to believe that the request for extradition has been made for the purpose of prosecuting or punishing a person on account of that person's race, sex, religion, nationality or political opinion or that that person's position may be prejudiced for any of those reasons;

       c. if the person whose extradition is requested has been sentenced or would be liable to be tried or sentenced in the Requesting State by an extraordinary or ad hoc court or tribunal;

       d. if the Requested State believes that the surrender is likely to have exceptionally serious consequences for the person whose extradition is sought, including