(1) Subject to section 40, where no extradition treaty within the meaning of section 38 exists between Her Majesty and a foreign State that extends to Saint Lucia or that was made in right of Saint Lucia, the Attorney General may, upon the application of that foreign State, issue his or her warrant for the surrender to the foreign State of any fugitive in Saint Lucia from the foreign State who is charged with or convicted of any offence however described that, if committed in Saint Lucia—
(a) would be a crime described in the Schedule; or
(b) would be a crime that would be so described were the description to contain a reference to any intent or state of mind on the part of the person committing the offence, or to any circumstance of aggravation, necessary to constitute the offence,
and for which the maximum penalty in that other state is death or imprisonment for a term of 12 months or more.
(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.
(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.
(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.