Contents of request for provisional arrest

Republic of Kiribati

Kiribati - Extradition Act 2013 EN

Issue of provisional arrest warrant
8. (1) If:
(a) a country, either directly or through ICPO-Interpol, notifies Kiribati that:
(i) a person wanted for surrender is, or is believed to be, in or on his or her way to Kiribati; and
(ii) the requesting country intends to make a formal request for
the extradition of the person; and
(b) an application is made to a magistrate for a provisional arrest warrant; then the magistrate must issue the provisional arrest warrant for the person if:
(c) the application is supported by the required documents; and
(d) the magistrate is satisfied that the offence is an extradition offence; and
(e) the magistrate is satisfied that the request is made by an extradition country.
(2) The required documents are:
(a) a copy of the warrant for the arrest of the person issued in the requesting country; and
(b) a description of the person sought; and
(c) a description of the acts and omissions that constitute the offence; and
(d) the text of the law creating the offence or, if the offence is not created by statute, a statement of the offence; and
(d) the text of the law of the requesting country that prescribes the penalty or, if the penalty is not prescribed by statute, a statement of the penalty that can be imposed.

Rome Statute

Article 92 Provisional arrest

2. The request for provisional arrest shall be made by any medium capable of delivering a written record and shall contain:

(a) Information describing the person sought, sufficient to identify the person, and information as to that person's probable location;

(b) A concise statement of the crimes for which the person's arrest is sought and of the facts which are alleged to constitute those crimes, including, where possible, the date and location of the crime;

(c) A statement of the existence of a warrant of arrest or a judgement of conviction against the person sought; and

(d) A statement that a request for surrender of the person sought will follow.