Document ID: chunk:federal_register_of_legislation:F2022C00443:schedule:1:p2
Version: federal_register_of_legislation:F2022C00443
Segment Type: schedule
Provision Reference: sch 1 (pt 2/8)
Character Range: 5771–8477

not be granted in any of the following circumstances:
       (a) if the offence for which extradition is requested is a political offence or an offence connected with a political offence. Reference to a political offence shall not include the taking or attempted taking of the life of a Head of State or a member of his family or an offence against the law relating to genocide;
       (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 his race, religion, nationality or political opinion or that his position may be prejudiced for any of these reasons;
       (c) if the offence for which extradition is requested is an offence under military law which is not an offence under the ordinary criminal law of the Contracting Parties;
       (d) if the offence for which extradition is requested is regarded under the law of the requested State as having been committed in that State;
       (e) if a prosecution in respect of the offence for which extradition is requested is pending in the requested State against the person whose extradition is sought;
       (f) if final judgment has been passed in the requested State or in a third State upon the person claimed in respect of the offence for which his extradition is sought; or
       (g) if the person whose extradition is sought has, according to the law of either Contracting Party, become immune from prosecution or punishment by reason of lapse of time.
    2. Extradition may be refused in any of the following circumstances;
       (a) if the offence for which extradition is requested is a revenue offence. For the purpose of this exception, "revenue offence" means an offence in connection with taxes, duties or exchange control but does not include an offence involving the use or threat of force, or perjury or the forging of a document issued under statutory authority or an offence alleged to have been committed by an officer of the revenue of the requesting State in his capacity as such officer;
       (b) if the competent authorities of the requested State have decided either not to institute, or to terminate, proceedings against the person claimed for the offence in respect of which extradition is sought; or
       (c) if the offence for which extradition is requested is punishable by death under the law of the requesting State and in respect of the offence such penalty is not provided for in the law of the requested State or is not generally carried out, unless the requesting State gives such assurance as the requested State considers sufficient that the death penalty will not