Document ID: chunk:federal_register_of_legislation:F2022C00443:schedule:1:p3
Version: federal_register_of_legislation:F2022C00443
Segment Type: schedule
Provision Reference: sch 1 (pt 3/8)
Character Range: 8241–10891

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 be carried out.

ARTICLE IV

POSTPONEMENT OF SURRENDER
The requested State may postpone the surrender of a person in order to proceed against him or so that he may serve a sentence, for an offence other than the offence for which his extradition is sought.

ARTICLE V

EXTRADITION PROCEDURE AND REQUIRED DOCUMENTS
    1. The request for extradition shall be made in writing and shall be communicated through the diplomatic channel.
    2. A request for extradition emanating from Ireland shall be supported:
       (a) if the person is accused, or has been convicted in his absence, of 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 person in respect of each offence;
       (b) if the person has been convicted of an offence otherwise than in his absence by such documents as provide evidence of the conviction and the sentence imposed, the fact that the sentence is immediately enforceable and the extent to which the sentence has not been carried out;
       (c) if the person has been convicted of an offence otherwise than in his absence but no sentence has been imposed—by such documents as provide evidence of the conviction and a statement affirming that it is intended to impose a sentence;
       (d) in all cases, by a copy of the relevant provisions of the statute, if any creating the offence or a statement of the relevant law as to the offence, including any law relating to the limitation of proceedings, as the case may be and in either case a statement of the punishment that can be imposed for the offence; and
       (e) in all cases, by information or documents which will help to establish that the person whose surrender is sought is the person accused of or convicted of the offence.
    3. A request for extradition emanating from Australia shall be supported by the following documents:
       (a) the original or an authenticated copy of the conviction and sentence immediately enforceable or, as the case may be, of the warrant of arrest or other order having the same effect and issued in accordance with the procedure laid down in the law of the requesting State;
       (b) if a sentence of imprisonment has been imposed, a statement or the period of imprisonment which remains to be served;
       (c) a