Cap. 276 Art. 13Authority to proceed.

(1) Subject to the provisions of this Act relating to provisional warrants, a person shall not be dealt with under this Act except in pursuance of an order of the Minister (in this Act referred to as an authority to proceed) issued in pursuance of a request made in writing to a Minister by or on behalf of the Government of the designated Commonwealth country or of the designated foreign country in which the person to be returned is accused or was convicted.

(2) There shall be furnished with any request made for the purposes of this article on behalf of any country -

(a) in the case of a person accused of an offence, a warrant for his arrest issued in that country;

(b) in the case of a person unlawfully at large after conviction of an offence, a certificate of the conviction and sentence in that country, and a statement of the amount if any of that sentence which has been served, together, in each case, with -

(i) particulars of the person whose return is requested, including information sufficient to establish his identity and nationality;

(ii) particulars of the facts upon which and the law under which such person is accused or was convicted, the legal description of the offence

*For the applicability of this article to the Republic of Tunisia and the United States of America, vide Subsidiary Legislation S.L.276.06 and S.L.276.07 respectively. and a copy of the relative enactments or (if this is not practicable) a statement of the relevant law; and

(iii) evidence sufficient to justify the issue of a warrant for his arrest under article 14.

(3) On receipt of such a request, the Minister may issue an order to proceed unless it appears to him that an order for the return of the person concerned could not lawfully be made, or would not in fact be made, in accordance with the provisions of this Act.