Revised Laws of Saint Lucia (2021)

6.   General restrictions on return

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    (1)   A fugitive shall not be surrendered under this Act—

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      (a)     if the crime of which he or she is accused or alleged to have been convicted is an offence of a political character;

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      (b)     if the request for his or her surrender is in fact made for the purpose of prosecuting or punishing him or her on account of his or her race, tribe, religion, sex, nationality or political opinions, notwithstanding that the request purports to be made on account of an extradition crime;

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      (c)     if upon being surrendered he or she would be prejudiced at his or her trial or punished, detained or restricted in his or her personal liberty by reason of his or her race, tribe, religion, sex, nationality or political opinions; or

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      (d)     if, in the case of a fugitive who is accused of an extradition crime, he or she would, if charged with that offence in Saint Lucia, be entitled to be discharged under any rule of law relating to previous acquittal or conviction.

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    (2)   A fugitive from a Commonwealth country shall not be surrendered under this Act unless provision has been made by the law of that country, or by agreement between Saint Lucia and that country, for ensuring that the fugitive will not be—

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      (a)     detained in that Commonwealth country for the purpose of any proceeding for returning or surrendering him or her to any other Commonwealth country or to a foreign State or other jurisdiction for trial or punishment; or

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      (b)     dealt with in that Commonwealth country for or in respect of any offence committed before his or her surrender under this Act other than—

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        (i)     the extradition crime for which his or her surrender was requested,

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        (ii)     any lesser offence proved before the magistrate before whom the fugitive was brought under section 12, or

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        (iii)     any other extradition crime in respect of which the Attorney General consents to the fugitive being tried for or being dealt with after his or her surrender,

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    without being first returned to Saint Lucia or given a reasonable opportunity of returning himself or herself to Saint Lucia.