Document ID: chunk:federal_register_of_legislation:F1997B01930:body:0:p3
Version: federal_register_of_legislation:F1997B01930
Segment Type: other
Provision Reference: 
Character Range: 5206–7897

that person's position may be prejudiced for any of those reasons;
       c) if the offence for which extradition is sought is a purely military offence which is not punishable under the ordinary criminal law of the Contracting Parties:
       d) if final judgement has been passed in the Requested State or in a third state in respect of the offence for which the person's extradition is sought or if the person has been granted a pardon or is the subject of an amnesty in respect of that offence;
       e) if the person sought cannot be prosecuted or convicted by reason of any limitation, including the lapse of time, prescribed or imposed by the law of either Contracting Party; or
       f) if the person, on being surrendered to the Requesting State, would be liable to be tried or sentenced or to serve a sentence imposed in that State by a court or tribunal
            i) that has been specially established for the purpose of trying the person's case; or
            ii) that is only occasionally, or under exceptional circumstances, authorised to try persons accused of the offence for which extradition is sought.
2. Extradition may be refused in any of the following circumstances:
       a) if the person whose extradition is sought is a national of the Requested State. Where the Requested State refuses to extradite a national of that State it shall, if its laws permit and the other State so requests, submit the case to the competent authorities in order that proceedings for the prosecution of the person

SCHEDULE—continued

       in respect of all or any of the offences for which extradition has been sought may be taken;
       b) if the courts of the Requested State are competent to try the offence for which extradition is requested. If extradition is refused on this ground, the Requested State shall submit the case to its competent authorities in order that proceedings for the prosecution of the person may be taken.
       c) if the offence for which the person is sought 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 that State undertakes that the death penalty will not be imposed or, if imposed, will not be carried out;
       d) if the offence for which extradition is sought is an offence which carries a punishment of the kind referred to in Article 7 of the International Covenant on Civil and Political Rights: or
       e) if in exceptional cases, the Requested State, while also taking into account the nature of the offence and the interests of the Requesting State, deems that, because of the personal circumstances of