Revised Laws of Saint Lucia (2021)

12.   Determination of whether person should be surrendered

1.  

   (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.

1.  

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

   1.  

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

   1.  

      (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;

   1.  

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

   1.  

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

1.  

   (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.