Document ID: chunk:federal_register_of_legislation:F2022C00443:schedule:1:p7
Version: federal_register_of_legislation:F2022C00443
Segment Type: schedule
Provision Reference: sch 1 (pt 7/8)
Character Range: 18186–20905

sentence, or be otherwise restricted in his personal freedom, in the requesting State for any offence committed before his surrender, other than the offence for which his extradition was granted, except:
       (a) where the requested State consents; or
       (b) where the person extradited, having had an opportunity to leave the requesting State, has not done so within 45 days of his final discharge in respect of the offence for which he was surrendered, or has returned to the requesting State after leaving it.
    2. If the description of the offence charged in the requesting State is altered in the course of proceedings, the person extradited shall only be proceeded against or sentenced in so far as the offence under its new description is shown by its constituent elements to be an offence which would allow extradition.
    3. A request for the consent of the requested State under this Article shall be accompanied by such information and documents as are required by that State.

ARTICLE XIII

SURRENDER TO A THIRD STATE

    1. The person extradited may not be surrendered by the requesting State to a third State for an offence committed prior to his surrender to the first‑mentioned State except:
       (a) where the requested State consents; or
       (b) where the person extradited, having had an opportunity to leave the requesting State, has not done so within 45 days of his final discharge in respect of the offence for which he was surrendered, or has returned to the requesting State after leaving it.
    2. Where the consent of the requested State is sought in accordance with this Article, that State may request that the request for the consent be supported by the relevant documents mentioned in Article V of this Treaty.

ARTICLE XIV

TRANSIT

    1. Where a person is to be extradited pursuant to an agreement in the nature of an extradition agreement to a Contracting Party from a third State through the territory of the other Contracting Party, the Contracting Party to which the person is to be extradited shall request the other Contracting Party to permit the transit of that person through its territory.
    2. Upon receipt of such a request the requested Contracting Party shall grant the request unless it is satisfied that there are reasonable grounds for refusing to do so.
    3. Permission for the transit of a person shall, subject to the law of the requested Contracting Party, include permission for the person to be held in custody during transit.
    4. Where a person is being held in custody pursuant to paragraph 3, the Contracting Party in whose territory the person is being held may direct that the person be released if his transportation is not continued