Competing request - same conduct

Co-operative Republic of Guyana

Guyana -Mutual Assistance in Criminal Matters Act 2010

23. (3) A request may be refused if the central authority for Guyana believes that-

the request relates to the prosecution or punishment of a person in respect of conduct that, if it had occurred in Guyana, would not have constituted an offence against the law of Guyana;



the request relates to the prosecution or punishment of a person in respect of conduct that occurred, or is alleged to have occurred, outside the requesting country and similar conduct occurring outside Guyana in similar circumstances would not have constituted an offence against the law of Guyana;



the request relates to the prosecution or punishment of a person in respect of conduct where, if it had occurred in Guyana at the same time and had constituted an offence against the law of Guyana, the person responsible could no longer be prosecuted by reason of lapse of time or for any other reason;



the request relates to an offence against the military law of the requesting country that does not constitute an offence against the ordinary criminal law of that country;



carrying out the request would interfere with an ongoing investigation or prosecution in Guyana;



section 24 (1) (b) applies;

any confidentiality requested by the central authority for Guyana in relation to information or evidence provided by Guyana would not be protected by the requesting country;



the limitations, conditions, exceptions, or qualifications imposed by order under this Act in relation to the requesting country prevent the request being accepted;



the request, not being an informal request, does not meet the requirements of the Schedule;



the request cannot be accommodated within relevant legal practices and procedures in Guyana; or



there are other reasonable grounds for doing so.

Rome Statute

Article 90 Competing requests

3. Where a determination under paragraph 2 (a) has not been made, the requested State may, at its discretion, pending the determination of the Court under paragraph 2 (b), proceed to deal with the request for extradition from the requesting State but shall not extradite the person until the Court has determined that the case is inadmissible. The Court's determination shall be made on an expedited basis.

4. If the requesting State is a State not Party to this Statute the requested State, if it is not under an international obligation to extradite the person to the requesting State, shall give priority to the request for surrender from the Court, if the Court has determined that the case is admissible.