Cap. 276 Art. 21Order for return to requesting country.

(1) Where a person is committed to await his return and is not discharged by order of the Court of Criminal Appeal or of any other competent court, the Minister may by warrant order him to be returned to the requesting country unless the return of that person is prohibited, or prohibited for the time being, by article 10 or by article 12, or the Minister decides under this article or under article 11 to make no such order in his case.

(2) A person shall not be returned to any country under this Act -

(a) in any case, until the expiration of the period of fifteen days beginning with the day on which the order for his committal is made;

(b) if the person committed to custody is entitled to institute any proceedings, whether of appeal or otherwise, which may lead to the reversal, annulment or modification of the court’s order of committal, and the person committed has instituted such proceedings or, if there is established by law or there has been fixed by a court’s order or judgment a time-limit within which such proceedings are to be instituted, until the expiration of such time-limit;

(c) if any proceedings referred to in the last preceding paragraph have been instituted, until the conclusion of such proceedings:

*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. Provided that the proceedings shall be deemed to have been concluded also if they have been withdrawn or abandoned;

(d) if a the person committed to custody is accused or undergoing sentence as provided in article 12, until he has been discharged whether by acquittal or on the expiration of his sentence or otherwise.

(3) The Minister shall not make an order under this article in the case of any person, if it appears to the Minister, on the grounds mentioned in article 20, that it would be unjust or oppressive to return that person or if he considers, on any such grounds as are mentioned in article 10(1), that the order ought not be made.

(4) The Minister may decide to make no order for the time being under this article for the return of a person committed by the court in consequence of a request made by any country if another request for his return under this Act has been made by another country and it appears to the Minister, having regard to all the circumstances of the case and in particular -

(a) the relative seriousness of the offence in question;

(b) the date on which each such request was made; and

(c) the nationality or citizenship of the person concerned and his ordinary residence, that preference should be given to the other request.

(5) Notice of the issue of a warrant under this article shall forthwith be given to the person to be returned thereunder.

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