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Revised Laws of Saint Lucia (2021)

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31. Judicial discharge for delayed surrender

(1) A fugitive who has been committed to prison under this Act to await surrender to another country or State, and who remains in custody awaiting surrender 2 months after the first day on which, having regard to section 20, he or she could have been surrendered, may apply to a judge for discharge from custody.

(2) Where, upon application by a fugitive under subsection (1), the judge is satisfied that reasonable notice of the intention to make the application was given to the Attorney General, the judge, if sufficient reason for the delay in surrendering the fugitive is not shown, may, by order, direct that the fugitive be discharged from custody.

(3) If an order for surrender had been made by the Attorney General in respect of a fugitive who has been ordered discharged from custody under subsection (2), the judge may quash the order for surrender.

31. Judicial discharge for delayed surrender

2. Interpretation

3. Extradition crime

4. Application of Part

5. Power to apprehend and surrender fugitive

6. General restrictions on return

7. Agreement with Commonwealth country

8. When death penalty likely

9. Arrest on foreign warrant

10. Effect of magistrate's warrant

11. Jurisdiction of magistrate

12. Proceedings for Committal

13. Detention of fugitive

14. Evidence of extradition crime

15. Evidence for fugitive

16. Committal for surrender

17. Discharge order

18. Duty of magistrate on committal

19. Appeal to High Court

20. Prescribed delay for surrender

21. Requisition from Commonwealth country

22. Requisition from foreign State

23. Duty of Attorney General to refuse surrender

24. Concurrent requisitions

25. Local offence by fugitive from Commonwealth country

26. Local offence by fugitive from foreign State

27. Delivering up fugitive for surrender

28. Powers of custodian of surrendered fugitive

29. Evidence in possession of fugitive

32. Designation of Commonwealth countries

33. Special modification order

34. Part of a Commonwealth country

35. Applying Part 1 under U.K. Orders

36. Applying Part 1 subject to conditions etc

37. Revoking application of Part 1

38. Applying Part 1 under extradition treaty

39. Surrender when no treaty exists

40. Application of section 39

41. Meaning of “extradition crime”

42. Requisition to return offender to Saint Lucia

43. Returning offender to Saint Lucia

44. Power over offender circumscribed

45. Offences of a political character

46. Conviction in absentia

47. Jurisdiction in civil aviation cases

48. Jurisdiction re offences in aircraft

49. Regulations