Extradition Act

EXTRADITION ACT. ARRANGEMENT OF SECTIONS. Section PART I GENERAL. Preliminary. 1. Interpretation. 2. Arrangements for surrender of criminals. 3. Restrictions on surrender of criminals. Continuance of existing provisions. 4. Application to Commonwealth countries. 5. Discontinuance. Surrender of criminals. 6. Liability of criminal to surrender. 7. Liability of accessories to be surrendered. 8. Registration for surrender of a fugitive criminal. 9. Issue of warrant and appearance of fugitive criminal before magistrate. 10. Hearing of case and evidence. 11. Committal or discharge of prisoner. 12. Order of habeas corpus ; surrender of fugitive by warrant of Minister. 13. Discharge of persons apprehended. 14. Execution of warrant. General. 15. Trial of criminal surrendered by another country. PART II RECIPROCAL BACKING OF WARRANTS. 16. Application of Part II. 17. Backing of warrant issued in another country. 18. Return of prisoner. 19. Provisional warrant. 20. Discharge of prisoner not returned. 21. Refusal to return prisoner. 22. Procedure. 23. Exclusion of political offences. PART III MISCELLANEOUS PROVISIONS. Proof of warrants, depositions, etc. 24.

al to return prisoner. 22. Procedure. 23. Exclusion of political offences. PART III MISCELLANEOUS PROVISIONS. Proof of warrants, depositions, etc. 24.

Foreign depositions, statements and documents to be evidence. 25. Authentication and judicial notice of certain warrants, depositions and documents. Taking of evidence for foreign trials. 26. Obtaining evidence in Uganda. 27. Taking evidence in Uganda for foreign criminal matters. Supplementary. 28. Extradition crimes. Schedule Extradition crimes. CHAPTER 117 EXTRADITION ACT. Commencement : 20 July, 1964. An Act to consolidate the law relating to the extradition of persons accused or convicted of crimes committed within the jurisdiction of other countries. PART I GENERAL. PRELIMINARY. 1. Interpretation.

dition of persons accused or convicted of crimes committed within the jurisdiction of other countries. PART I GENERAL. PRELIMINARY. 1. Interpretation.

In this Act, unless the contrary intention requires— ( a ) "accused person" includes a person convicted for contumacy; ( b ) "conviction" and "convicted" do not include or refer to a conviction which under foreign law is a conviction for contumacy; ( c ) "fugitive criminal" means any person accused or convicted of an extradition crime committed within the jurisdiction of any other country who is in or is suspected of being in Uganda; ( d ) "magistrate" means a chief magistrate and a magistrate grade I; ( e ) "warrant" , in the case of any country, includes any judicial document authorising the arrest of a person accused or convicted of a crime. 2. Arrangements for surrender of criminals. (1) Where an arrangement has been made with any country with respect to the surrender to that country of any fugitive criminal, the Minister may, by statutory instrument, order that this Part of this Act shall apply in the case of that country subject to such conditions, exceptions and qualifications as may be specified in the order, and this Part shall apply accordingly.

ase of that country subject to such conditions, exceptions and qualifications as may be specified in the order, and this Part shall apply accordingly.

(2) An order made under subsection (1) shall recite or embody the terms of the arrangement and shall not remain in force for any longer period than the arrangement. (3) Every order made under this section shall be laid before Parliament. 3. Restrictions on surrender of criminals.

onger period than the arrangement. (3) Every order made under this section shall be laid before Parliament. 3. Restrictions on surrender of criminals.

The following provisions shall be observed with respect to the surrender of fugitive criminals— ( a ) a fugitive criminal shall not be surrendered if the offence in respect of which his or her surrender is demanded is one of a political character or if it appears to a court or the Minister that the requisition for his or her surrender has in fact been made with a view to try or punish him or her for an offence of a political character; ( b ) a fugitive criminal shall not be surrendered to any country unless provision is made by the law of that country, or by arrangement, that the fugitive criminal shall not, unless he or she has been restored or had an opportunity of returning to Uganda, be detained or tried in that country for any offence committed prior to his or her surrender other than the extradition crime proved by the facts on which the surrender is grounded; ( c ) a fugitive criminal who has been accused of some offence within the jurisdiction of Uganda, not being the offence for which his or her surrender is asked, or is undergoing sentence under any conviction in Uganda, shall not be surrendered until after he or she has been discharged, whether by acquittal or on the expiration of his or her sentence or otherwise; ( d ) a fugitive criminal shall not be surrendered until the expiration of 15 days from the date of his or her being committed to prison to await his or her surrender.

criminal shall not be surrendered until the expiration of 15 days from the date of his or her being committed to prison to await his or her surrender.

CONTINUANCE OF EXISTING PROVISIONS. 4. Application to Commonwealth countries. (1) A country to which Part I of the Fugitive Offenders Act, 1881, of the United Kingdom applied immediately before the commencement of this Act shall be a country to which this Part of this Act applies. (2) A country with which an arrangement, in force immediately before the commencement of this Act, was made under the Fugitive Criminals Surrender Ordinance shall be a country to which this Part of this Act applies. (3) The Minister may, by statutory instrument, declare, as respects any country— ( a ) that it is a country to which, by virtue of subsection (1), this Part of this Act applies; or ( b ) that an arrangement to which subsection (2) applies and which is recited or embodied in the declaration is in force, and the declaration shall be conclusive as to the matters to which it relates.

pplies and which is recited or embodied in the declaration is in force, and the declaration shall be conclusive as to the matters to which it relates.

(4) For the avoidance of doubt, it is declared that the purpose of a declaration under subsection (3) is to facilitate the ascertainment of the matters to which it relates, and the fact that a declaration has not been made as respects any country shall not affect the question whether, by virtue of subsection (1) or (2), this Part of this Act applies to that country. 5. Discontinuance. Whenever it appears to the Minister that the law of a This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article. Home | About Us |--> Terms & Conditions | Privacy Statement | Publishing Services | Contact Us Sitemap --> --> Copyright 2019. Blackhall Publishing. All Rights Reserved. Design and Developed By : Indiafin Technologies Ltd .