EXTRADITION

CHAPTER 8:03
EXTRADITION

ARRANGEMENT OF SECTIONS

    SECTION

PART I
PRELIMINARY

    1.    Short title

    2.    Interpretation

PART II
ARRANGEMENTS FOR SURRENDER OF FUGITIVE OFFENDERS

    3.    Extradition arrangements

    4.    Surrender of fugitive offenders

    5.    Relevant offences

    6.    General restrictions on surrender

PART III
PROCEEDINGS FOR EXTRADITION

    7.    Authority to proceed

    8.    Issue of warrant of arrest

    9.    Proceedings for committal

    10.    Habeas corpus, etc.

    11.    Order for surrender to requesting country

    12.    Discharge in case of delay in surrendering

    13.    Evidence

    14.    Custody

PART IV
RECIPROCAL BACKING OF WARRANTS

    15.    Application of this Part

    16.    Backing of warrant issued in another country

    17.    Provisional warrant

    18.    Surrender of prisoner

    19.    Review, etc.

    20.    Discharge of fugitive offender

PART V
FUGITIVE OFFENDERS SURRENDERED TO MALAWI

    21.    Trial of fugitive offender surrendered to Malawi

    22.    Sending back of person not prosecuted within six months or

        acquitted

PART VI
GENERAL

    23.    Escape by fugitive offender

    24.    Search warrants

    25.    Handing over of property

    26.    Rules and rules of court

        First Schedule

        Second Schedule

9 of 1968
19 of 1972
19 of 1992

    An Act to make provision for the extradition of offenders from and to Malawi, and for matters connected therewith and incidental thereto

PART I
PRELIMINARY

1.    Short title

    This Act may be cited as the Extradition Act.

2.    Interpretation

    (1) In this Act, unless the context otherwise requires—

    “court” means a subordinate court of a magistrate of the first grade or any higher grade;

    “designated country” where the agreement between such country and Malawi so provides, shall include any colony, protectorate, trust territory or other dependency of such country;

    “fugitive offender” means a person accused or convicted of a relevant offence committed according to the law of a designated country, who is in or is suspected of being in or on his way to Malawi;

    “relevant offence” means a relevant offence within the meaning of section 5 or an offence deemed to be a relevant offence by section 6 (1) of the Hijacking Act;

    “warrant” in the case of a designated country includes any judicial document authorizing the arrest of a person accused or convicted of a crime in accordance with the law of that country.

    (2) For the purposes of this Act a person convicted of an offence in his absence shall be deemed to be a person accused of that offence.

PART II
ARRANGEMENTS FOR SURRENDER OF FUGITIVE OFFENDERS

3.    Extradition arrangements

    (1) The Minister may enter into arrangements with the government of any country providing, subject to the provisions of this Act, for the surrender on a basis of reciprocity, of fugitive offenders, and providing for any matters which, in the opinion of the Minister are incidental thereto.

    (2) Where the Minister has entered into an arrangement with the government of any country in accordance with subsection (1) he may, by order, designate such country, hereinafter referred to as a designated country, as a country to which this Act shall apply subject to such conditions, exceptions, adaptations or modifications as may be specified in the order.

    (3) The countries specified in the First Schedule shall be deemed to be designated countries to which the whole of this Act (other than Part IV) applies unless or until the Minister, by order, otherwise directs, and the Minister shall be deemed to have entered into appropriate arrangements with such countries in accordance with subsection (1).

4.    Surrender of fugitive offenders

    Subject to the provisions of this Act, any fugitive offender from a designated country may be arrested, detained and surrendered to such country in the manner provided by this Act, whether or not the relevant offence in respect of which his extradition is sought was committed before or after the commencement of this Act.

5.    Relevant offences

    (1) For the purposes of this Act an offence of which a fugitive offender is accused or has been convicted in a designated country is a relevant offence if—

    (a)    it is an offence which, however described in the law of the country concerned, falls within any of the descriptions set out in the Second Schedule to this Act, and is punishable under that law with imprisonment for a term of twelve months or any greater punishment; and

    (b)    the act or omission constituting the offence, or the equivalent act or omission, would constitute an offence against the law of Malawi if it took place in Malawi or, in the case of an extra-territorial offence, in corresponding circumstances outside Malawi.

    (2) In determining for the purposes of this section whether an offence against the law of the designated country falls within a description set out in…