|
|
Home
| Databases
| WorldLII
| Search
| Feedback
Vanuatu Consolidated Legislation - 1988 |
Commencement: 16 May 1988
LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION 1988
CHAPTER 199
Act
4 of 1988ARRANGEMENT OF SECTIONS
SECTION
PART I
Preliminary
1. Interpretation
2. Application of the provisions of this Act in respect of Commonwealth countries
3. Application of the provisions of this Act in respect of foreign states
4. Special provisions as to the reading of an order under section 3
5. Effect of orders made under sections 2 and 3
6. Extraditable offences
7. General restrictions on extradition
PART II
Extradition to Designated Commonwealth Countries and Treaty States
8. Authority to proceed
9. Arrest for the purposes of committal
10. Proceedings for committal
11. Consent order for extradition
12. Habeas corpus and review
13. Extradition or discharge by the Minister
14. Warrant for extradition
15. Discharge in case of delay in extraditing
16. Evidence
17. Custody
PART III
Extradition from Designated Commonwealth Countries and Treaty States
19. Restoration of persons not tried or acquitted
PART IV
Miscellaneous
20. Regulations
22. Property found on fugitive offenders
SCHEDULE-Description of extraditable offences in designated Commonwealth countries
-------------------------------------------------
EXTRADITION
To provide for the extradition of fugitive offenders to and from Commonwealth countries and foreign states, to regulate the treatment of persons accused or convicted of offences in Vanuatu who are extradited from Commonwealth countries or foreign stales, and to provide for matters connected therewith.
PART I
PRELIMINARY
INTERPRETATION
1. In this Act -
"designated Commonwealth country" includes -
(a) a colony territory protectorate or other dependency of such country;
(b) a territory the international relations of which such country responsible; and
(c) a ship or aircraft of, or registered in, such country;
"extradition arrangement" means a treaty or an agreement made by the Government of Vanuatu with a foreign state relating to the extradition of fugitive offenders;
"extraditable offence" has the meaning assigned to that expression by section 6;
"foreign state" means any state outside Vanuatu other than a country within the Commonwealth;
"fugitive offender" means a person who is accused or convicted of an extraditable offence committed within the jurisdiction of a foreign state or a Commonwealth country and is unlawfully at large, and is in or is suspected to be in or on his way to Vanuatu, a foreign state or a Commonwealth country;
"magistrate" means a senior magistrate;
"magistrate's court" means a magistrate's court presided by a Senior magistrate;
"Minister" means the Minister who is for the time being responsible for matters relating to the external affairs of the Republic of Vanuatu;
"treaty state" includes -
(a) a colony, territory, protectorate or other dependency of such state;
(b) a territory for the international relations of which such state is responsible; and
(c) a ship or aircraft of, or registered in, such state.
APPLICATION OF THE PROVISIONS OF THIS ACT IN RESPECT OF COMMONWEALTH COUNTRIES
(2) An Order made under this section shall be final and conclusive and shall not be called in question in a court.
(3) Even country within the Commonwealth in relation to which an Order made tinder this section is for the time being in force is hereinafter referred to as a "designated Commonwealth country".
APPLICATION OF THE PROVISIONS OF THIS ACT IN RESPECT OF FOREIGN STATES
SPECIAL PROVISIONS AS TO THE READING OF AN ORDER UNDER SECTION 3
(a) is in conformity in all respects with the provisions of this Act containing restrictions on the extradition of persons; and
(b) is substantially in conformity with the other provisions of this Act, subject to the modifications, limitations or conditions, if any, specified in such Order for the purposes of implementing the terms of such arrangement.
EFFECT OR ORDERS MADE UNDER SECTIONS 2 AND 3
(2) For so long, and so long only, as an Order under section 3 in respect of a treaty state is for the time being in force, such Order shall be conclusive evidence that the extradition arrangement in consequence of which such Order was made, complies with the provisions of section 4.
EXTRADITABLE OFFENCES
(a) in the case of an offence against the law of a treaty state, it is an offence which is provided for in the extradition arrangement;
(b) in the case of an offence against the law of designated Commonwealth country, it is an offence which, however described in that law, falls within any description set out in the Schedule and is punishable under the law, with imprisonment for a tem of not less than 12 months; and
(c) in any case, the act or omission constituting the offence or the equivalent act or omission, would constitute an offence against the law of Vanuatu if it took place within Vanuatu or outside Vanuatu.
(2) In determining for the purposes of this section, whether an offence against the law of any designated Commonwealth country falls within any description set out in the Schedule, any special intent or s ate of mind or special circumstances of aggravation which may be necessary to constitute that offence under that law shall be disregarded.
(3) Reference in this section to the law of any designated Commonwealth country or of any treaty state shall be deemed to include reference to the law of any part of such country or state, as the case may be.
GENERAL RESTRICTIONS ON EXTRADITION
(a) that the offence of which that person was accused or was convicted is an offence of a political character;
(b) that the request for extradition, through purporting to be made on account of the extraditable offence, is in fact made for the purpose of prosecuting or punishing him on account of his rice, religion, nationality or political opinions; and
(c) that he might, if extradited, be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality or political opinions.
(2) A person accused of an offence shall not be extradited under this Act to any designated Commonwealth country or to any treaty state, or be committed to or kept in custody for the purpose of his extradition, if it appears, as provided in subsection (1) that if charged with that offence in Vanuatu, he would be entitled to be discharged under any rule of law relating to previous acquittal or conviction.
(3) A person shall not be extradited under this Act to any designated Commonwealth country or to any treaty state, or be committed to or kept in custody for the purposes of such extradition unless provision is made by the law of that Common- wealth country or in the case of a treaty state, by the extradition arrangement with that state, for securing that he will not, unless he has first been restored, or had an opportunity of returning to Vanuatu, be arrested, detained, remanded or otherwise dealt with in that country or state, for or in respect of any offence committed before his extradition under this Act, other than -
(a) the offence in respect of which the extradition under this Act is requested;
(b) any lesser offence proved by the facts established before the court of committal; or
(c) any other offence, being an extraditable offence in respect of which the Minister may consent to his being so dealt with.
(4) The reference in this section to an offence of a political character does not include -
(a) an offence against the life or person of a head of state or a member of his immediate family or any related offence described in paragraph B of the Schedule;
(b) an offence against the life or person of a head of government, or of a minister of a government, or any related offence as described in paragraph B of the Schedule;
(c) murder or any related offence as described in paragraph (a);
(d) an act declared to constitute an offence under a multilateral international convention whose purpose is to prevent or repress a specific category of offences and which imposes on the parties thereto an obligation either to extradite or to prosecute the person sought.
(5) Paragraph (a) of subsection (1), shall not apply in relation to offences established under any general international convention to which both Vanuatu and the designated Commonwealth country, Or the treaty state, as the case may be, are parties and which are declared thereby, not to be regarded as political offences for the purposes of extradition.
PART II
EXTRADITION TO DESIGNATED COMMONWEALTH
COUNTRIES AND TREATY STATES
AUTHORITY TO PROCEED
(2) There shall be furnished with an- request made for the purposes of this section by or on behalf of any designated Commonwealth country or treaty state -
(a) in the case of a person accused of an offence, a warrant for his arrest in that country or state;
(b) in the case of a person unlawfully at large after conviction of an offence, a certificate of the conviction and sentence in that country or state, and a statement of the part if any of such sentence which has been served,
together with, in each case, the particulars of the person whose extradition is requested, and of the facts upon which and the law under which he is accused or was convicted, and the evidence sufficient to justify the issue of a warrant for his arrest under section 9.
(3) On receipt of such a request the Minister may issue an authority to proceed, unless it appears to him that an order for extradition of the person concerned could not lawfully be made, or would not in fact be made, in accordance with the provisions of this Act.
ARREST FOR THE PURPOSES OF COMMITTAL
(a) by a magistrate's court on receipt, by such magistrate's court of an authority to proceed; or
(b) without such an authority, by any magistrate's court upon information and under such circumstances as would in the opinion of that court, justify the issue of a warrant if the offence of which such person is accused had been an offence committed within the jurisdiction f such court.
Any warrant, issued under paragraph (b) of this subsection is in this Act referred to as a "provisional warrant", and for the purpose of that paragraph information contained in an international notice issued by the International Criminal Police Organisation (INTERPOL) in respect of a fugitive may be considered by the magistrate's court, either alone or with other information, in deciding whether a provisional warrant should be issued for the arrest of that fugitive.
(2) A warrant of arrest under this section, may be issued upon such evidence as would, in the opinion of the magistrate's court, authorize the issue of a warrant for the arrest of a person accused of committing or of a person alleged to be unlawfully at large after conviction of an offence, as the case may be, within the jurisdiction of the magistrate's court.
(3) Where a provisional warrant is issued under this section, the magistrate's court by whom it is issued shall forthwith give notice of its issue to the Minister, and transmit to him the information and evidence, or certified copy of the information and evidence, upon which it was issued, and the Minister may in any case, and shall if he decides not to issue an authority to proceed in respect of the person to whom the warrant relates, by order cancel the warrant and, if that person has been arrested, there under discharge him from custody.
(4) A warrant issued under this section may be executed in any part of Vanuatu, by any person to whom it is directed, or y any police officer.
(5) Where a warrant is issued under this section for the arrest of a person accused of an offence of stealing or receiving stolen property, or any other offence in respect of property, the magistrate shall have the like power to issue a warrant to search for the property.
PROCEEDINGS FOR COMMITTAL
(2) For the purposes of proceedings under this section, the court of committal shall have the like jurisdiction and powers, including power to remand in custody or to release on bail as though the proceedings were in respect of an offence triable by that court.
(3) Where the person arrested is in custody by virtue o a provisional warrant and no authority to proceed has been received in respect of him, the court of committal may fix a reasonable period, notice of which shall be given by the court to the Minister, after which he shall be discharged from custody unless such an authority has been received.
(4) Where an authority to proceed has been issued in respect of the person arrested and the court of committal is satisfied, after hearing any evidence tendered in support of the request for the extradition of that person or on behalf of that person, that the offence to which the authority relates is an extraditable offence, and is further satisfied -
(a) where that person is accused of the offence, that the evidence would be sufficient to warrant his trial for that offence if it had been committed within the jurisdiction of the court;
(b) where that person is alleged to be unlawfully at large after the conviction of the offence, that he has been so convicted and appears to be so at large,
the court shall, unless his committal is prohibited by any other provision of this Act, commit him to custody to await h s extradition thereunder, but if the court is not satisfied, or if the committal of that person is so prohibited, the court shall discharge him from custody.
CONSENT ORDER FOR EXTRADITION
(2) Upon any person being committed to custody or admitted to bail under subsection (1), the Minister may by warrant order him to be extradited to the country or state by which the request for his extradition was made, notwithstanding the provisions of section 12.
(3) The provisions of section 19 shall apply in relation to any person extradited under this section unless waived by him.
HABEAS CORPUS AND REVIEW
(2) Where a person is discharged from custody under section 10(4) by a court of committal, an application to the Supreme Court may be made by or on behalf of the country or state which the request for extradition is made for review of the decision of the court of committal in committal proceedings.
(3) On any application referred to in subsection (1) the Supreme Court may receive additional evidence relevant to the exercise of s jurisdiction under this section or under section 7.
(4) On an application made under subsection (1) the Supreme Court may without prejudice to any other jurisdiction of the court order the person committed to be discharged from custody if it appears to the court that -
(a) by reason of the trivial nature of the offence of which he is accused or was convicted; or
(b) because the accusation against him is not made in good faith in the interest of justice;
(c) by reason of the passage of lime since he is alleged to have committed it, or to have become unlawfully at large, as the case may be; or
(d) any other sufficient cause,
it would, having regard to all the circumstances, be unjust or oppressive to extradite him.
EXTRADITION OR DISCHARGE BY THE MINISTER
(a) in any case, until the expiration of a period of 15 days commencing on the day on which the order for his committal is made; and
(b) if an application for habeas corpus is made o the Supreme Court, so long as proceedings on that application are pending.
WARRANT FOR EXTRADITION
(2) The Minister may not issue a Warrant under this section in the case of a person who is serving a sentence of imprisonment, or in the case of a person who is 8 charged with an offence in Vanuatu, until after the expiration of the following period, that is to say -
(a) in the case of a person serving such a sentence, until the sentence has been served; and
(b) in the case of a person charged with an offence, until the charge is disposed of or withdrawn and if it results in a sentence of imprisonment not being a suspended sentence, until the sentence has been served.
(3) A person, who is serving a sentence for an extraditable offence of imprisonment, or who is charged with an extraditable offence, may at the discretion of the Minister, be returned to a designated Commonwealth country or treaty state, in which he is accused of an extraditable offence to enable proceedings to be brought against him in relation to that offence: on such conditions as are agreed between Vanuatu and the designated Commonwealth country or the treaty state, as the case may be.
(4) The Minister may issue no warrant un r this section in the case of any person if it appears to the Minister, on any ground set out in paragraph (a), paragraph (b), paragraph (c) or paragraph (d) of sect on 12(4), that it would be unjust or oppressive to extradite that person.
(5) (a) The Minister may not issue a warrant under this section in respect of a person who is accused or convicted of an extraditable offence which is not punishable with death in Vanuatu, if that person could be or has been, sentenced to death for that offence in the designated Commonwealth country or treaty state by which the request for his extradition is made.
(b) In determining whether any person would be likely to be sentenced to death, the Minister shall take into account any representation which the designated Commonwealth country or treaty state by which the request for his extradition is made, may make with regard to the possibility that the death sentence if imposed will not be carried out.
(6) The Minister may issue no warrant under this section for the extradition of a person committed in consequence of a request made by or on behalf of a designated Commonwealth country or treaty state if another request for his extradition under this Act has been made by or on behalf of another designated Common- wealth country or treaty state and it appears to the Minister having regard to all the circumstances of the case, and in particular -
(a) the relevant seriousness of the offences in question;
(b) the date on which each such request was made; and
(c) the nationality or citizenship of the persons concerned and his ordinary residence,
that preference be given to such other request.
(7) Notice of the issue of a warrant under this section shall forthwith be given to the person to be extradited thereunder.
DISCHARGE IN CASE OF DELAY IN EXTRADITING
(a) in any case, the period of 2 month is commencing on the first day on which he could have been extradited, having regard to section 13; or
(b) where a warrant for his extradition has been issued under section 14, a period of 1 month commencing on the day on which that warrant was issued,
he may apply to the Supreme Court for his discharge.
(2) If upon any application being made the Supreme Court is satisfied that reasonable notice of the proposed application has been given to the Minister, the court may, unless sufficient cause is shown to the contrary, by order direct the applicant to be discharged from custody and, if a warrant for his extradition has been issued under section 14, quash that warrant.
EVIDENCE
(a) a document, duly authenticated, which purports to set out evidence given on oath in a designated Commonwealth country or treaty state, shall be admissible as evidence of the matters stated therein;
(b) a document, duly authenticated, which purports to have been received in evidence, or to be a copy of a document ;o received, in any proceedings in any such country or state shall be admissible in evidence;
(c) a document, duly authenticated which certifies that such person was convicted on a date specified in. the document of an offence against the law of or of a part of, any such country or state shall be admissible as evidence of the fact and date of the conviction.
(2) A document shall be deemed to be duly authenticated for the purposes of this section -
(a) in the case of a document purporting to set out evidence given as aforesaid, if the document purports to be certified by a Judge or magistrate or other officer in or of the country or state in question to be the original document containing or recording that evidence or a true copy of such document;
(b) in the case of a document which purports to have been received in evidence as aforesaid or to be a copy of a document so received, if the document purports to be certified as aforesaid -to have been, or to be a true copy of a document which has been, so received;
(c) in the case of a document which certifies that a person was convicted as aforesaid, if the document purports to be certified as aforesaid,
and in any such case the document is authenticated either by the oath of a witness, or by the official seal of a Minister, of the designated Commonwealth country or treaty state in question.
(3) In this section "oath" includes affirmation or declaration; and nothing in this section shall be deemed or construed to affect or prejudice the admission in evidence of any document which is admissible in evidence otherwise than under this section.
CUSTODY
(2) If any person who is in custody by virtue of a warrant under this Act, escapes from custody, he may be taken in any part of Vanuatu in like manner as a person escaping from custody under a warrant for his arrest issued in that part in respect of an offence committed therein.
(3) Where a person, being in custody in any part of Vanuatu, whether under this Act or otherwise, is required to be removed in custody under this Act to another part of Vanuatu, and is so removed, he shall be deemed to continue to be in legal custody until he reaches the place to which he is required to be removed.
(4) A warrant under section 14 for the extradition of any person to a designated Commonwealth country, or treaty state shall be sufficient authority for all persons to whom it is directed and all police, prisons and other officers to receive that person, keep him in custody and convey him into the jurisdiction of that country or state.
PART III
EXTRADITION FROM DESIGNATED COMMONWEALTH
COUNTRIES AND TREATY STATES
EXTRADITION OF PERSONS TO VANUATU AND CERTAIN RESTRICTIONS UPON PROCEEDINGS AGAINST THEM
(2) Where any person has been extradited to Vanuatu upon a request for his extradition being made, such person shall not, during the period described in subsection (3), be arrested, detained, remanded or otherwise dealt with in Vanuatu for or in respect of any offence committed before his extradition, other than -
(a) the offence in respect of which he was extradited;
(b) any lesser offence proved by the facts established for the purposes of securing his extradition; or
(c) any other extraditable offence in respect of which the Government of the designated Commonwealth country or the treaty state from which he was extradited has consented to his being dealt with.
(3) The period referred to in subsection (2) of this section in relation to a person to whom this section applies is the period commencing on the day of his arrival in Vanuatu on his extradition and ending 45 days after the first subsequent day on which he has opportunity to leave Vanuatu.
RESTORATION OF PERSONS NOT TRIED OR ACQUITTED
19. Where a person accused of an offence is extradited to Vanuatu and -
(a) proceedings against him for the offence for which he was extradited are not begun within the period of 6 months commencing on the day of his arrival in Vanuatu on being extradited; or
(b) at his trial for that offence, he is acquitted or discharged by any court in Vanuatu,
the Minister may, if he thinks fit, on that request of that person, arrange for him to be sent back free of charge and with little delay as possible to the designated Commonwealth country or treaty state from which he was extradited.
PART IV
MISCELLANEOUS
REGULATIONS
EXTRADITION FROM VANUATU APPLICABLE TO OFFENCES COMMITTED BEFORE AND AFTER THE COMMENCEMENT OF THIS ACT
PROPERTY FOUND ON FUGITIVE OFFENDERS
-------------------------------------
SCHEDULE
(section 6)
DESCRIPTION OF EXTRADITABLE OFFENCES IN DESIGNATED
COMMONWEALTH COUNTRIES
A. (1) Murder of any degree.
(2) Manslaughter.
(3) An offence against the law relating to abortion.
(4) Maliciously or wilfully wounding or inflicting grievous bodily harm.
(5) Assault occasioning actual bodily harm.
(6) Rape.
(7) Unlawful sexual intercourse with a female.
(8) Indecent assault.
(9) Procuring, or trafficking in, women or young persons for immoral purposes.
(10) Bigamy.
(11) Kidnapping, abduction or false imprisonment, or dealing in slaves.
(12) Stealing, abandoning, exposing or unlawfully detaining a child.
(13) Bribery.
(14) Perjury or subornation of perjury or conspiring to defeat the course of justice.
(15) Arson.
(16) An offence concerning counterfeit currency.
(17) An offence against the law relating to forgery.
(18) Stealing, embezzlement, fraudulent conversion, fraudulent false accounting, obtaining property or credit by false pretences, receiving stolen property or any other offence in respect of property involving fraud.
(19) Burglary, housebreaking or any similar offence.
(20) Robbery.
(21) Blackmail or extortion by means of threats or by abuse of authority.
(22) An offence against bankruptcy law or company law.
(23) Malicious or wilful damage to property.
(24) Acts done with the intention of endangering vehicles, vessels or aircrafts.
(25) An offence against the law relating to dangerous drugs or narcotics.
(26) Piracy.
(27) Revolt against the authority of the master of a ship or the commander of an aircraft.
(28) Contravention of import or export prohibitions relating to precious stones, gold and other precious metals.
------------------------------------------------
PacLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.paclii.org/vu/legis/consol_act1988/eaov261