Revised Laws of Saint Lucia (2022)

12.   Determination of whether person should be surrendered

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   (1)   Where a matter is referred to the Attorney General in accordance with section 10(5), the Attorney General shall decide whether or not to surrender the person to the requesting country.

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   (2)   The Attorney General in deciding whether or not the person shall be surrendered pursuant to subsection (1), shall take into account the following—

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      (a)     whether the offence for which surrender is sought is of a political or trivial nature;

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      (b)     if the offence is one for which the person is accused but not convicted, the accusation was not made in good faith and in the interests of justice;

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      (c)     an unreasonably lengthy period has lapsed since the offence was committed; or

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      (d)     it would be unjust, oppressive or too severe a punishment to surrender the person.

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   (3)   Where the Attorney General decides to surrender a person to the requesting country he or she shall issue a warrant in the manner prescribed at Form F of the Schedule.