Document ID: chunk:federal_register_of_legislation:F1997B01928:body:0:p5
Version: federal_register_of_legislation:F1997B01928
Segment Type: other
Provision Reference: 
Character Range: 10156–12790

his extradition other than
     (i) an offence for which he was extradited or any other offence referred to in Article 4 of which he could be convicted on proof of the facts upon which the request for his extradition was based; or
     (ii) any other offence referred to in Article 4 in respect of which the requested State consents to his being so detained or tried, or subjected to any other restriction of his personal liberty; or
   (b) be extradited to a third State unless the requested State consents to his being so extradited.
2. 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.
3. Paragraph 1 of this Article does not apply if the person has had an opportunity, throughout a period of forty-five days after the completion of legal proceedings and the serving of any sentence that may have been imposed upon him, for an offence referred to in paragraph 1, to leave the requesting State without hindrance but has failed to do so, or if he has returned to that State of his own free will after having left it.

Article 11 (Conflicting requests)

1. If the extradition of a person is requested concurrently by one of the Contracting

SCHEDULE—continued

Parties and by another State or States, whether for the same offence or for a different offence, the requested State shall decide whether the person is to be extradited to the requesting State or to the other State or one of the other States and shall notify the requesting State of its decision.
2. In making a decision the requested State shall have regard to all the circumstances and, in particular, to:
(a) the relative seriousness of the offences, if the requests relate to different offences;
(b) the time and place of commission of each offence;
(c) the respective dates of the requests;
(d) the nationality and ordinary place of residence of the person: and
(e) the possibility of subsequent extradition to another State.

Article 12 (Extradition procedure and required documents)

1. A request for extradition shall be made in writing, and shall be communicated through the diplomatic channel. All documents furnished in support of a request for extradition shall be authenticated.
2. The request for extradition shall be accompanied:
   (a) if the person is charged with an offence—by a warrant for the arrest or a copy of the warrant for the arrest of the person, a statement of each offence for which extradition is sought and a statement of the acts or omissions which are alleged against the fugitive in respect of each offence;
   (b) if the person has