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S.L. 276.7 · Extradition (United States Of America) (S.L. 276.7)

S.L. 276.7 ст. 6Amends article 10 of the relevant Act.

ДействуетОфициальный текст

(1) For the purposes of this Order, subarticle (3) of article

10 of the relevant Act shall be amended as follows:

(a) in paragraph (c) thereof, for the words "so dealt with." there shall be substituted the words "so dealt with; or";

(b) immediately after paragraph (c) thereof, there shall be added the following new paragraph: "(d) any lesser included offence shown by its constituent elements to be an extraditable offence and based on the same facts as the offence for which extradition was ordered.".

(2) For the purposes of this Order immediately after sub-article

(3) of article 10 of the relevant Act there shall be added the following:

"(3A) When the description of the offence charged is altered in the course of proceedings, a person shall not be returned under this Act to any country, or committed to or kept in custody for the purpose of such return, unless provision is made by the law of that country, or by an arrangement made with that country, that the extradited person will only be dealt with insofar as the offence, under its new description, is shown by its constituent elements to be an extraditable offence and is based on the same facts contained in the extradition request and is punishable by the same maximum penalty as, or a lesser maximum penalty than, the offence for which extradition was granted.".

История изменений
  • Amended by L.N. 48 of 2010