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BELIZE -EXTRADITION ACT
PART II - Extradition Generally
All powers vested in and acts authorised or required to be done by the Chief Metropolitan Magistrate at Bow Street, London, in relation to the surrender of fugitive criminals in the United Kingdom under the Extradition Acts are hereby vested in and may in Belize be exercised and be done by the Chief Magistrate, and any powers vested in and acts authorised to be done under the said Acts in the United Kingdom by any justice of the peace other than the Chief Metropolitan Magistrate at Bow Street, London, are hereby vested in and may in Belize be exercised and done by any senior justice of the peace
BELIZE -EXTRADITION ACT
PART II - Extradition Generally
4. The committal and detention of any fugitive criminal in Belize under the Extradition Acts shall be in and to the prison at Hattieville.
BELIZE -EXTRADITION ACT
PART II - Extradition Generally
5. The powers vested in any judge of Her Majesty’s High Court of Justice in England relative to the discharge of any fugitive criminal when not conveyed out of the United Kingdom within two months after his committal under the Extradition Acts are hereby vested in and may in Belize be exercised only by the Chief Justice.
BELIZE -EXTRADITION ACT
PART II - Extradition Generally
6.-(1) In any proceedings for extradition of an accused person to a foreign state, every duly authenticated document issued by a judge of the country applying for extradition shall be held to be a warrant as required by any extradition treaty applicable to Belize, if in such document the arrest of the person whose extradition is desired is ordered, authorised or requested, or if in such document instructions be given for the issue of an order or request for the arrest of such person.
BELIZE -EXTRADITION ACT
PART II - Extradition Generally
7.-(1) In every case in which the Chief Magistrate dismisses the charge against a person in respect of whom an application for extradition has been made, the Director of Public Prosecutions may require the said magistrate to transmit to him the evidence and all the documents connected with the case, and it shall be the duty of the magistrate forthwith to comply with such requisition.
BELIZE -EXTRADITION ACT
PART II - Extradition Generally
7 (2) If the Director of Public Prosecutions is of opinion that the charge ought not to have been dismissed, he may apply to the Supreme Court for a warrant of arrest of the accused person, and if the court is of opinion that such charge ought not to have been dismissed it may make such order as the magistrate ought to have made, and may make such other orders and do all such acts as it may think necessary to carry out in respect of the accused person the provisions of the Extradition Acts and of the Treaty under which the extradition of the accused person is requested.
BELIZE -EXTRADITION ACT
PART IV – Extradition (United States)
Article 2 - Extraditable Offenses
1. An offense shall be an extraditable offense if it falls within any of the descriptions listed in the Schedule annexed to this Treaty, which is an integral part of the Treaty, or any other offense, provided that in either case the offense is punishable under the laws in both Contracting States by deprivation of liberty for a period of more than one year or by a more severe penalty.
BELIZE -EXTRADITION ACT
PART IV – Extradition (United States)
Article 2 - Extraditable Offenses
2. An offense shall also be an extraditable offense if it consists of an attempt or a conspiracy to commit, aiding or abetting, counseling or procuring the commission of, or being an accessory before or after the fact to, any offense described in paragraph 1.
BELIZE -EXTRADITION ACT
PART IV – Extradition (United States)
Article 2 - Extraditable Offenses
3. For the purposes of this Article, an offense shall be an extraditable offense:
(a) whether or not the laws in the Contracting States place the offense within the same category of offenses or describe the offense by the same terminology; or
(b) whether or not the offense is one for which United States federal law requires the showing of such matters as interstate transportation, or use of the mails or of other facilities affecting interstate or foreign commerce, such matters being merely for the purpose of establishing jurisdiction in a United States federal court.
4. If the offense was committed outside of the territory of the Requesting State, extradition shall be granted in accordance with this treaty if the laws in the Requested State provide for punishment of an offense committed outside of its territory in similar circumstances.
5. If extradition has been granted for an extraditable offense, it shall also be granted for any other offense specified in the request even if the latter offense is punishable by one year’s deprivation of liberty or less, provided that all other requirements for extradition are met.
BELIZE -EXTRADITION ACT
PART IV – Extradition (United States)
Article 6 - Extradition Procedures and Required Documents
1 All requests for extradition shall be submitted through the diplomatic channel.
All requests shall be supported by:
(a) documents, statements, or other types of evidence which describe the identity, and probable location of the person sought;
(b) evidence describing the facts of the offense and the procedural history of the case;
(c) evidence as to:
(i) the provisions of the laws describing the essential elements of the offense for which extraditio n is requested;
(ii) the provisions of the law describing the punishment for the offense; and
(iii) the provisions of law describing any time limit on the prosecution; and
(d) the documents, statements, or other types of evidence specified in paragraph 3 or paragraph 4 of this Article, as applicable.
3. A request for extradition of a person who is sought for prosecution shall also be supported by:
(a) a copy of the warrant or order of arrest, if any, issued by a judge or other competent authority of the Requesting State;
(b) a document setting forth the charges; and
(c) such evidence as would be found sufficient, according to the law of the Requested State, to justify the committal for trial of the person sought if the offense of which the person has been accused had been committed in the Requested State.
4. A request for extradition relating to a person who has been convicted of the offense for which extradition is sought shall, in addition to the materials listed in paragraph 2 of this Article, be supported by:
(a) a copy of the judgment of conviction or, if such copy is not available, a statement by a judicial authority that the person has been convicted;
(b) evidence establishing that the person sought is the person to whom the conviction refers;
(c) a copy of the sentence imposed, if the person sought has been sentenced, and a statement establishing to what extent the sentence has been carried out; and
(d) in the case of a person who has been convicted in absentia, the documents required by paragraph 3 of this Article.
BELIZE -EXTRADITION ACT
PART IV – Extradition (United States)
Article 8 - Lapse of Time
Extradition shall not be denied because of the prescriptive laws of either the Requesting State or the Requested State.
BELIZE -EXTRADITION ACT
PART IV – Extradition (United States)
Article 9 - Provisional Arrest
1.In case of urgency, a Contracting State may request the provisional arrest of the person sought pending presentation of the request for extradition. A request for provisional arrest may be transmitted through the diplomatic channel or directly between the United States Department of Justice and the Attorney General in Belize. Such a request may also be transmitted through the facilities of the International Criminal Police Organization (INTERPOL), or through such other means as may be settled by arrangement between the Contracting States.
2. The application for provisional arrest shall contain:
(a) a description of the person sought;
(b) the location of the person sought, if known;
(c) a brief statement of the facts of the case, including, if possible, the time and location of the offense;
(d) a description of the laws violated;
(e) a statement of the existence of a warrant of arrest or a finding of guilt or judgment of conviction against the person sought; and
(f) a statement that a request for extradition for the person sought will follow.
3. The Requesting State shall be notified without delay of the disposition of its application and the reasons for any denial.
4. A person who is provisionally arrested may be discharged from custody upon the expiration of sixty (60) days from the date of provisional arrest pursuant to this Treaty if the executive authority of the Requested State has not received the formal request for extradition and the supporting documents required in Article 6. The person arrested pursuant to this Article shall have the right of access to the courts for such remedies and recourses as are provided by the law of the Requested State.
5. The fact that the person sought has been discharged from custody pursuant to paragraph 4 of this Article shall not prejudice the subsequent rearrest and extradition of that person if the extradition request and supporting documents are delivered at a later date.
BELIZE -EXTRADITION ACT
PART IV – Extradition (United States)
Article 10 - Decision and Surrender
1. Extradition shall be granted only if the evidence is found sufficient according to the law of the Requested State either to justify the committal for trial of the person sought if the offense of which the person is accused had been committed in the territory of the Requested State or to prove that the person is the identical person convicted by the courts of the Requesting State.
2. The Requested State shall promptly notify the Requesting State through the diplomatic channel of its decision on the request for extradition.
3. If the request is denied in whole or in part, the Requested State shall provide an explanation of the reasons for the denial. The Requested State shall provide copies of pertinent judicial decisions upon request.
4. If the request for extradition is granted, the authorities of the Contracting State shall agree on the time and place for the surrender of the person sought.
5. If the person sought is not removed from the territory of the Requested State within the time prescribed by the law of that State, that person may be discharged from custody, and the Requested State may subsequently refuse extradition for the same offense.
BELIZE -EXTRADITION ACT
PART IV – Extradition (United States)
Article 11 - Temporary and Deferred Surrender
1. If the extradition request is granted in the case of a person who is being proceeded against or is serving a sentence in the Requested State, the Requested State may temporarily surrender the person sought to the Requesting State for the purpose of prosecution. The person so surrendered shall be kept in custody in the Requesting State and shall be returned to the Requested State after the conclusion of the proceedings against that person, in accordance with conditions to be determined by mutual agreement of the Contracting States.
2. The Requested State may postpone the extradition proceedings against a person who is being prosecuted or who is serving a sentence in that State. The postponement may continue until the prosecution of the person sought has been concluded or until such person has served any sentence imposed.
BELIZE -EXTRADITION ACT
PART IV – Extradition (United States)
Article 12 - Requests for Extradition Made by Several States
If the Requested State receives requests from the other Contracting State and from any other State or States for the extradition of the same person, either for the same offense or for different offenses, the executive authority of the Requested State shall determine to which State it will surrender the person.
In making its decision, the Requested State shall consider all relevant factors, including but not limited to:
(a) whether the requests were made pursuant to treaty;
(b) the place where each offense was committed;
(c) the respective interests of the Requesting States;
(d) the gravity of the offenses;
(e) the nationality of the,victim;
(f) the possibility of further extradition between the Requesting States; and
(g) the chrolological order in which the requests were received from the Requesting States.
BELIZE -EXTRADITION ACT
PART IV – Extradition (United States)
Article 14 - Rule of Speciality
1. A person extradited under this Treaty may not be detained, tried,
or punished in the Requesting State except for:
(a) the offense for which extradition has been granted or a differently denominated offense based on the same facts on which extradition was granted, provided such offense is extraditable, or is a lesser included offense;
(b) an offense committed after the extradition of the person; or
(c) an offense for which the executive authority of the Requested State consents to the person’s detention, trial, or punishment. For the purpose of this subparagraph:
(i) the Requested State may require the submission of the documents called for in Article 6; and
(ii) the person extradited may be detained by the Requesting State for 90 days, or for such longer period of time as the Requested State may authorize, while the request is being processed.
2. A person extradited under this Treaty may not be extradited to a third State for an offense committed prior to his surrender unless the surrendering State consents.
3. Paragraphs I and 2 of this Article shall not prevent the detention, trial, or punishment of an extradited person, or the extradition of that person to a third State, if:
(a) that person leaves the territory of the Requesting State after extradition and voluntarily returns to it; or
(b) that person does not leave the territory of the Request¬ing State within 10 days of the day on which that person is free to leave.
BELIZE -EXTRADITION ACT
PART IV – Extradition (United States)
Article 15 - Waiver of Extradition
If the person sought consents to surrender to the Requesting State, the Requested State may surrender the person as expeditiously as possible without further proceedings.
BELIZE -EXTRADITION ACT
PART IV – Extradition (United States)
Article 16 - Transit
1. Either Contracting State may authorize transportation through its territory of a person surrendered to the other State by a third State. A request for transit shall be transmitted through the diplomatic channel or directly between the Department of Justice in the United States and the Attorney General in Belize. Such a request may also be transmitted through the facilities of the International Criminal Police Organization (INTERPOL), or through such other means as may be settled by arrangement between the Contracting States. It shall contain a description of the person being transported and a brief statement of the facts of the case. A person in transit may be detained in custody during the period of transit.
2. No authorization is required where air transportation is used and no landing is scheduled on the territory of the Contracting State. If an unscheduled landing occurs on the territory of the other Contracting State, the other Contracting State may require the request for transit as provided in paragraph 1. That Contracting State may detain the person to be transported until the request for transit is received and the transit is effected, so long as the request is received within 96 hours of the unscheduled landing.
Article 102
Use of terms
For the purposes of this Statute:
(a) "surrender" means the delivering up of a person by a State to the Court, pursuant to this Statute.
(b) "extradition" means the delivering up of a person by one State to another as provided by treaty, convention or national legislation.