Extradition offence
5. (1) An offence is an extradition offence if:
(a) it is an offence against a law of the requesting country for which the maximum penalty is death or imprisonment, or other deprivation of liberty, for a period of 1 year or more; and

(b) the conduct that constitutes the offence, if committed in Kiribati, would constitute an offence (however described) in Kiribati for which the maximum penalty is death or imprisonment, or other deprivation of liberty, for a period of 1 year or more.

5. (4) An offence may be an extradition offence although:
(a) it is an offence against a law of the requesting country relating to taxation, customs duties or other revenue matters or relating to foreign exchange control; and

Extradition objection
6. There is an extradition objection to a request for the surrender of a person if: (a) the extradition offence is regarded as a political offence; or
(b) there are substantial grounds for believing that surrender of the person is sought for the purpose of prosecuting or punishing the person because of his or her race, religion, nationality, political opinions, sex or status, or for a political offence in the requesting country; or
(c) on surrender, the person may be prejudiced at his or her trial, or punished, detained or restricted in his or her personal liberty, because of his or her race, religion, nationality, political opinions, sex or status; or
(d) the offence is an offence under the law governing the disciplined forces of Kiribati but is not also an offence under the ordinary criminal law of Kiribati; or
(e) final judgement has been given against the person in Kiribati, or in a third country, for the offence; or
(f) under the law of the requesting country or Kiribati, the person has become immune from prosecution or punishment because of lapse of time, amnesty or any other reason; or
(g) the person has already been acquitted or pardoned in the requesting country or Kiribati, or punished under the law of that country or Kiribati, for the offence or another offence constituted by the same conduct as the extradition offence; or

Extradition proceedings
33. If:
(a) either:
(i) a person has been remanded after being arrested under an endorsed warrant; or
(ii) a person has been remanded after being arrested under a provisional arrest warrant and the original warrant has since been endorsed; and
(b) a request is made to a magistrate by or on behalf of the person or the Pacific Island country for extradition proceedings to be conducted in relation to the person;
the magistrate must conduct proceedings as soon as practicable to determine whether the person should be surrendered to the Pacific Island country.