Revised Laws of Saint Lucia (2023)

39.   Surrender when no treaty exists

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    (1)   Subject to section 40, where no extradition treaty within the meaning of section 38 exists between the United Kingdom and a foreign State that extends to Saint Lucia or that was made in right of Saint Lucia, the Attorney General may, on the application of that foreign State, issue a warrant for the surrender to the foreign State of a fugitive in Saint Lucia from the foreign State who is charged with or convicted of an offence for which the maximum penalty in that other state is death or imprisonment for a term exceeding 12 months. (Substituted by Act 10 of 2023)

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    (2)   The arrest, committal, detention, surrender and conveyance out of Saint Lucia of a fugitive described in subsection (1) shall be undertaken in accordance with Part 1 as if that Part applied to the foreign State applying for the surrender of the fugitive and the warrant of the Attorney General were a foreign warrant of arrest under that Part.

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    (3)   The provisions of Part 1 apply to all matters and proceedings taken in relation to the arrest, committal, detention, surrender and conveyance out of Saint Lucia of a fugitive described in subsection (1) in the same manner and to the same extent as if Part 1 applied to the foreign State applying for the surrender of the fugitive.

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    (4)   All expenses connected with the arrest, committal, detention, surrender or conveyance out of Saint Lucia of a fugitive under this section must be borne by the foreign State applying for the surrender of the fugitive.