Document ID: chunk:federal_register_of_legislation:F2006L03650:body:0:p3
Version: federal_register_of_legislation:F2006L03650
Segment Type: other
Provision Reference: 
Character Range: 5019–7684

the Requested Party at the time of the making of the request for extradition, have constituted an offence against the laws in force in that Party.

ARTICLE 3
EXCEPTIONS TO EXTRADITION

1. Extradition shall not be granted in any of the following circumstances:

(a) if the Requested Party determines that the request was politically motivated or regards the offence for which extradition is requested as a political offence. For the purposes of this Treaty, the following offences shall not be considered to be political offences:

(i) the murder or attempted murder of a Head of State of one of the Parties, or a member of the Head of State's family;

(ii) an offence for which both Parties have the obligation pursuant to a multilateral international agreement to extradite the person sought or to submit the case to their competent authorities for decision as to prosecution; or

(iii) an attempt or conspiracy to commit, or aiding or abetting, counseling or procuring the commission of or being an accessory before or after the fact to, such offences;

(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, ethnic origin, political opinion or other status, or that that person's position may be prejudiced for any of those reasons;

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

(d) if, in respect of the offence for which the extradition of the person is requested:

(i) the person has been acquitted or pardoned under the laws of the Requested Party or a third state;

(ii) the person has undergone the punishment provided by the laws of the Requested Party or a third state; or

(iii) the person has been convicted under the laws of the Requested Party or a third state;

(e) if the person, on being extradited to the Requesting Party, would be liable to be tried or sentenced in that Party by a court or tribunal that has been specially established for the purpose of trying the person's case; or

(f) if it may place the Requested Party in breach of its obligations under international treaties.

2. In cases in which a person could be subject to capital punishment in the Requesting Party but would not be subject to capital punishment in the Requested Party for the same offence under the laws of the Requested Party, no request for extradition shall be submitted without prior consultation and