(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 that fugitive if—
(a) the returnable offence is not punishable in Saint Lucia by death; and
(b) assurance satisfactory to the Attorney General is not given by the Commonwealth country or foreign State that, if the fugitive is surrendered, the death penalty will not be imposed or, if imposed, will not be carried out.
(2) When the Attorney General refuses under subsection (1) to order the surrender of a fugitive, the Attorney General shall at the same time order the discharge of the fugitive from custody; and the fugitive shall be discharged.