(1) Where it appears to the Attorney General that a fugitive would likely incur the death penalty for the extradition crime for which his or her surrender under this Act is sought, the Attorney General may refuse to order the surrender of the fugitive where no assurance, satisfactory to the Attorney General, is given by the Commonwealth country or foreign State that, if the fugitive is surrendered, the death penalty would not be imposed or, if imposed, will not be carried out. (Substituted by Act 10 of 2023)