Document ID: chunk:federal_register_of_legislation:F2010L00601:body:0:p3
Version: federal_register_of_legislation:F2010L00601
Segment Type: other
Provision Reference: 
Character Range: 5041–7902

the United Arab Emirates or a family member of those people;

              (ii)               an offence constituted by taking or endangering, attempting to take or endanger or participating in the taking or endangering of the life a person, being an offence committed in circumstances in which such conduct creates a collective danger, whether direct or indirect, to the lives of other persons and includes such offences committed against communications or transport facilities;

              (iii)            genocide offences; or

              (iv)             any offence in respect of which both States have an obligation pursuant to a multilateral agreement to extradite the person sought or to submit the case to its competent authorities for the purpose of prosecution.

         (b) if there are substantial grounds for believing that a request for extradition for an ordinary criminal offence has been made for the purpose of prosecuting or punishing a person on account of that person's race, colour, sex, language, religion, nationality, political opinion or that that person's position may be prejudiced for any of those reasons;

         (c) if the offence for which extradition is sought is regarded by the Requested State as an offence under military law, but not an offence under the ordinary criminal law of the Requested State;

         (d) if the person has been acquitted or pardoned, or has undergone the punishment provided by the law of the Requested State, or a third state, in respect of the offence for which the person's extradition is sought;

         (e) 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;

         (f) if the person, on being extradited to the Requesting State, would be liable to be tried or sentenced in that State by an extraordinary court or tribunal;

         (g) 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 that State undertakes that the death penalty will not be imposed or, if imposed, will not be carried out; or

         (h) if the offence for which extradition is sought is an offence which carries a punishment that constitutes torture within the meaning of Article 1 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment.

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;

         (b) if the offence for which extradition is sought is regarded under the law of the Requested State as having been committed in whole or in part within that