Part 1 Extradition to Other States

Power to Surrender

Article 6 Power to apprehend and surrender fugitive

(1) A fugitive may be apprehended, committed for surrender and surrendered in the manner provided by this Act, whether the crime or conviction in respect of which the surrender is sought was committed or took place.

(a) before or after 2nd June, 1980 in the case of a Commonwealth country;

(b) before or after 2nd June, 1980 in the case of a foreign state to which this Part applies by virtue of an Order in Council made under a United Kingdom Act before that date; or

(c) before or after the entering into of an extradition treaty within the meaning of section 39, in the case of a foreign state to which this Part applies by virtue of such a treaty.

(2) In respect of a surrender sought on behalf of a foreign state, subsection (1) applies irrespective of whether there is any criminal jurisdiction in any court within a Commonwealth country over the fugitive in respect of the extradition crime for which his surrender is sought.

(3) No fugitive may lawfully be surrendered to a Commonwealth country or to a foreign state by the Attorney-General or any other person in Barbados unless the fugitive has first been committed for surrender pursuant to section 13.

Part 1 Extradition to Other States

Power to Surrender

Article 7 Power Circumscribed

(1) No fugitive may be surrendered under this Act

(a) if the crime of which he is accused or alleged to have been convicted is an offence of a political character;

(b) if the request for his surrender is in fact made for the purpose of prosecuting or punishing him on account of his race, tribe, religion, sex, nationality or political opinions, notwithstanding that the request purports to be made on account of an extradition crime;

(c) if upon being surrendered he would be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, tribe, religion, sex, nationality or political opinions; or

(d) if, in the case of a fugitive who is accused of an extradition crime, he would, if charged with that offence in Barbados, be entitled to be discharged under any rule of law relating to previous acquittal or conviction.

(2) No fugitive from a Commonwealth country may be surrendered under this Act unless provision has been made by the law of that country, or by agreement between Barbados and that country, for ensuring that the fugitive will not be

(a) detained in that Commonwealth country for the purpose of any proceeding for returning or surrendering him to any other Commonwealth country or to a foreign state or other jurisdiction for trial or punishment; or

(b) dealt with in that Commonwealth country for or in respect of any offence committed before his surrender under this Act other than

(i) the extradition crime for which his surrender was requested;

(ii) any lesser offence proved before the magistrate before whom the fugitive was brought under section 13; or

(iii) any other extradition crime in respect of which the Attorney-General consents to the fugitive being tried for or being dealt with after his surrender,

without being first returned to Barbados or given a reasonable opportunity of returning himself to Barbados.

(3) Paragraph (a) of subsection (1) shall not apply to a crime 2002-6. referred to under section 3 or 4 of the Anti-Terrorism Act.

Part 1 Extradition to Other States

Apprehension of fugitive

Article 17 Committal for surrender

(1) Where a fugitive is brought before him pursuant to section 13, the magistrate shall, notwithstanding that section 7 appears to apply to the fugitive, issue his warrant for the committal of the fugitive to prison if,

(a) when the fugitive is alleged to have been convicted of an extradition crime and to have been unlawfully at large, such evidence is produced before the magistrate as would, in accordance with the law of Barbados as modified by this Act, satisfy him that the fugitive has been so convicted and was unlawfully at large, or

(b) when the fugitive is accused of an extradition crime, such evidence is produced before the magistrate as would, in accordance with the law of Barbados as modified by this Act, justify the committal of the
fugitive for trial had the extradition crime occurred in Barbados.

(2) Upon committal of a fugitive to prison pursuant to subsection (1), he shall remain there until he is surrendered to the Commonwealth country or foreign state that is seeking his surrender, or until he is discharged according to law.

Part 1 Extradition to Other States

Surrender of Fugitive

Article 22 Requisition from Commonwealth country

A requisition for the surrender of a fugitive to a Commonwealth country who is or is suspected to be in or be arriving in Barbados may be made to the Attorney General

(a) by any person resident in Barbados who is recognised by the Minister responsible for Foreign Affairs as a consular officer of that Commonwealth country,

(b) by the head of state, head of government or any Minister of the Government of the Commonwealth country who communicates with the Attorney General through the diplomatic representative of Barbados in or for that Commonwealth country,

(c) by such other person or in such other manner as may be approved by the Attorney General when it is not convenient for any person described in paragraph (a) or (b) to make the requisition.

Part 1 Extradition to Other States

Surrender of Fugitive

Article 23 Requisition from foreign state

A requisition for the surrender of a fugitive to a foreign state who is or is suspected to be in Barbados may be made to the Attorney General

(a) by any person resident in Barbados who is recognised by the Minister responsible for Foreign Affairs as a consular officer of that foreign state,

(b) by any minister of the foreign state who communicates with the Attorney General through the diplomatic representatives of Barbados in or for that foreign state, or

(c) by such other person or by such other means as may be settled by arrangement, when neither the person nor means described in paragraph (a) or (b) can be conveniently used

Part 1 Extradition to Other States

Surrender of Fugitive

Article 24 Duty of Attorney-General to refuse surrender

(1) Where, in the case of a fugitive whose surrender is sought, the Attorney General at any time determines that

(a) the fugitive may not be surrendered under this Act by reason of section 7, or

(b) the Commonwealth country or foreign state for whom his surrender is sought does not intend to make a requisition under this Act for his surrender,

the Attorney General shall not make an order for the surrender of the fugitive; and if the Attorney General had, before such determination, made an order for the surrender of the fugitive, he shall forthwith, by order under his hand, vacate that order.

(2) Where a determination is made under subsection (1), the Attorney General shall vacate, by order under his hand, any warrant issued by a magistrate under this Act; and if the fugitive concerned is in custody pursuant to a warrant issued under this Act, the Attorney General shall order him to be discharged out of custody, and the fugitive shall be discharged accordingly.

Part 1 Extradition to Other States

Surrender of Fugitive

Article 28 Delivering up fugitive for surrender

(1) The Attorney General may, by order under his hand, direct any person who has the custody of a fugitive committed for surrender in accordance with this Act to surrender the fugitive to such persons (to be named in the order) as are, in the opinion of the Attorney General, duly authorised to receive the fugitive in the name and on behalf of the Commonwealth country or foreign state, as the case may be.

(2) The fugitive is surrendered under this Act when he is delivered as ordered by the Attorney General into the custody of the persons named in the order.

Part 1 Extradition to Other States

Surrender of Fugitive

Article 29 Power of custodian of surrendered fugitive

(1) The persons to whom a fugitive is surrendered pursuant to an order under section 28 may

(a) receive and hold the fugitive within the jurisdiction of Barbados, and

(b) convey the fugitive to a place within the Commonwealth country or foreign state to whom he has been surrendered under this Act.

(2) If a fugitive described in subsection (1) escapes out of any custody to which he is delivered pursuant to an order under section 28, he may be retaken in the same manner as any person accused or convicted of a crime against the laws of Barbados may be retaken on an escape.