Document ID: chunk:federal_register_of_legislation:F2005B00018:body:0:p7
Version: federal_register_of_legislation:F2005B00018
Segment Type: other
Provision Reference: 
Character Range: 14844–17563

person is to be extradited, the Requested State shall have regard to all relevant circumstances and, in particular, to:

(a) if the requests relate to different offences - the relative seriousness of the offences;

(b) the time and place of commission of each offence;

(c) the respective dates of the requests;

(d) the nationality of the person; and

(e) the ordinary place of residence of the person.

Article 10

Surrender

1. The Requested State shall, as soon as a decision on the request for extradition has been made, communicate that decision to the Requesting State through the diplomatic channel.

2. Where extradition is granted, the Requested State shall surrender the person from a point of departure in its territory convenient to the Requesting State.

3. The Requesting State shall remove the person from the territory of the Requested State within such reasonable period as the Requested State specifies and, if the person is not removed within that period, the Requested State may refuse to extradite that person for the same offence.

4. If circumstances beyond its control prevent a Contracting State from surrendering or removing the person to be extradited it shall notify the other Contracting State. The two Contracting States shall mutually decide upon a new date of surrender, and the provisions of paragraph 3 of this Article shall apply.

Article 11

Surrender of property

1. To the extent permitted under the law of the Requested State and subject to the rights of third parties, which shall be duly respected, all property found in the Requested State that has been acquired as a result of the offence or may be required as evidence shall, if the Requesting State so requests, be surrendered if extradition is granted.

2. Subject to paragraph 1 of this Article, the abovementioned property shall, if the Requesting State so requests, be surrendered to the Requesting State even if the extradition cannot be carried out.

3. Where the law of the Requested State or the rights of third parties so require, any articles so surrendered shall be returned to the Requested State free of charge if that State so requests.

Article 12

Rule of speciality

1. Subject to paragraph 3 of this Article, a person extradited under this Treaty shall not be detained or tried, or be subjected to any other restriction of his personal liberty, in the territory of the Requesting State for any offence committed before his extradition other than:

(a) an offence for which extradition was granted or any other extraditable offence of which the person could be convicted upon proof of the facts upon which the request for extradition was based, provided that that offence does not carry a penalty which is