ARRANGEMENT OF SECTIONS
1. Short title
General Provisions relating to Extradition
3. Application of Act
4. Declaration of designated countries
6. Liability of criminal to surrender
7. Liability of accessories to be surrendered
8. Restrictions on surrender of criminals
Requests for Surrender, Warrants, etc. and Committal Proceedings
9. Request for surrender
10. Refusal to surrender where offence too trivial
11. Endorsement of warrant
12. Provisional warrant
14. Hearing of case and evidence
15. Committal and discharge of prisoner
16. Special procedure for committal
17. Report of committal to Minister
Surrender or Discharge of Fugitive Criminals
19. Consent order for surrender
20. Surrender or discharge of fugitive criminal
21. Discharge of persons apprehended
22. Transfer of fugitive criminal
23. Transit of persons through Botswana
24. Priority where two or more requests made
25. Trial of fugitive surrendered by another country to Botswana
26. Execution of warrant
27. Director of Public Prosecutions may appear
29. Repeal and saving
Act 18, 1990,
Act 9, 1997,
Act 14, 2005.
An Act to re-enact with amendments the law relating to the extradition of persons accused or convicted of crimes committed within the jurisdiction of other countries.
[Date of Commencement: 2nd November, 1990]
Preliminary (ss 1-2)
This Act may be cited as the Extradition Act.
(1) In this Act, unless the context otherwise requires-
"arrangement" includes a convention, protocol, agreement, scheme or treaty;
"designated country" means a requesting country which is declared as a designated country under section 4, and to which a fugitive criminal may be extradited even though there exists no arrangement between Botswana and that country.
"fugitive criminal" means any person accused or convicted of an extradition crime committed within the jurisdiction of any other country who is in or is suspected of being in Botswana;
"magistrate" means any person appointed as Magistrate Grade I or over in accordance with the Magistrates' Courts Act;
"related offence" has the meaning assigned to it under section 7(2);
"requesting country" means any country to which this Act applies which requests the surrender of a fugitive criminal;
"warrant", in the case of any country, includes any judicial document authorising the arrest of a person accused or convicted of a crime.
(2) Subject to the provisions of section 3, for the purposes of this Act "extradition crime" means a crime which, if committed within the jurisdiction of Botswana, would be an offence punishable with imprisonment for a term of not less than two years or other greater penalty, and includes an offence of purely fiscal character.
General Provisions relating to Extradition (ss 3-8)
(1) Where an arrangement has been made with any country, with respect to the surrender to that country of any fugitive criminal, the Minister may, having regard to reciprocal provisions under the law of that country, by order published in the Gazette, direct that this Act shall apply in the case of that country subject to such conditions, exceptions and qualifications as may be specified in the order.
(2) An order made under subsection (1) shall recite or embody the terms of the arrangement and shall not remain in force for any longer period than the arrangement.
(3) Any order under subsection (1) may prescribe what crimes shall be deemed to be extradition crimes for the purposes of the order and this Act.
(1) For the purposes of this Act, and notwithstanding the provisions of section 3, the Minister may, by order published in the Gazette, declare any Commonwealth country to be a designated country.
(2) An order made under subsection (1) may prescribe what crimes shall be deemed to be extradition crimes for the purposes of the order and of this Act, and may be made whether or not the designated country has made any provision for the extradition of any fugitive criminal from its territory to Botswana.
(3) The Minister may revoke any order made under this section, or remove any country from the list of designated countries where he considers that it would be in the interest of Botswana to do so.
If it appears to the Minister that the law of a country to which section 3 applies no longer contains reciprocal provisions or that an arrangement with any country referred to in the said section 3 is no longer in force, the Minister may by statutory instrument discontinue the application of this Act to that country.
Where this Act applies in the case of any country, every fugitive criminal of that country who is in or suspected of being in Botswana shall be liable to be apprehended and surrendered in the manner provided by this Act, whether the crime in respect of which the surrender is soug
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