Sierra Leone: The Extradition Act, 1974

Date of entry into force:21 November 1974

PART I - GENERAL

1. Interpretation and application

(1)In this Act unless a contrary intention appears -

"accused" shall be construed as including a reference to a person convicted of any crime or offence;

"fugitive criminal" means a person who is accused or convicted of having committed an offence to which any section of this Act applies in any part of the Commonwealth or within the jurisdiction of any foreign state or on board any vessel on the high seas, and who is in or is suspected of being in, or on the way to, Sierra Leone;

"warrant" includes any judicial document authorising the arrest of a fugitive criminal

(2)This Act shall apply whether the offence of which a fugitive criminal is accused or convicted was committed before or after the commencement of this Act.

(3)This Act shall apply to the states listed in the First, Second and Third Schedules subject to and in accordance with the various treaties and arrangements (including all such obligations and arrangements as were in force between Commonwealth countries or former Commonwealth countries immediately before the commencement of this Act whether embodied in a treaty, in legislation or in any other form) existing from time to time between those states and Sierra Leone and subject to the provisions of Parts II, III and IV of this Act and any special terms of limitations which may be specified in the said Schedules.

(4)Unless otherwise expressly provided the provisions of this Act applying to any state or group of states shall apply equally to any dependent territories belonging to that state or group of states.

(5)The Schedules of this Act may be varied or amended by the Attorney-General by Order published in the Gazette.Any such Order shall be laid before Parliament as soon as shall be practicable after it has been made and shall not come into operation or be published until the expiration of fourteen days after it has first been laid before Parliament.

2. Public Policy

(1)No extradition shall be granted under any of the provisions of this Act if, in the circumstances of the particular case, it appears to the Attorney-General that it would be contrary to the public policy of Sierra Leone to do so.

(2)For the purposes of this section the expression "public policy of Sierra Leone" shall be taken to include -

(a)the interests of security, public order and good morals; and

(b)fundamental human rights and the principles of humane treatment generally accepted among civilised nations.

3. Liability of fugitive criminals to extradition

Every fugitive criminal in Sierra Leonoe shall be liable to be apprehended and extradited in the manner provided by this Act.

4. Request for extradition to be adressed to the Attorney-General

All requests for the extradition of a fugitive criminal shall be adressed through the usual diplomatic channels to the Attorney-General who, if satisfied of the authenticity of the warrant in virtue of which the request for extradition is made, and that any other conditions on which, in the particular case, the extradition depends, appear to be fulfilled, may isssue and endorse on, or attach to, the original warrant or request an Order as prescribed in the Form 1 in the Sixth Schedule, and the said Order shall be a sufficient authority to apprehend the fugitive criminal and bring him before a Judge or Magistrate.

5. Provisional Warrant for apprehension of a fugitive criminal

(1)A Magistrate may issue a provisional warrant as prescribed in the Form 2 in the Sixth Schedule for a fugitive criminal to be brought before a Judge or Magistrate on such information and under such circumstances as would in his opinion justify the issue of a warrant if the offence of which the figitive criminal is accused had been committed within his jurisdiction, and the Magistrate may require that such a warrant may be executed throughout Sierra Leone.

(2)A magistrate issuing a provisional warrant shall forthwith send a report of the isssue together with the information upon which he acted or certified copy thereof to the Attorney-General, who may, if he thinks fit, discharge the person apprehended under such warrant.

6. Property found on fugitive criminal on apprehension

Any property found in the possesion of the fugitive criminal at the time of his arrest which may be material evidence of the offence of which he is accused may be taken into the custody of the police and shall, if he is extradited, and unless the Judge on the application of the fugitive otherwise orders, be delivered into the custody of the authorities of the state to which he is extradited.

7. Procedure on apprehension. Hearing, evidence and objections

(1)A fugitive criminal apprehended on an Order warrant issued under section 4 or 5 shall be brought before a Judge of the High Court to show cause why he should not be extradited under the provisions of the Act.

(2)A fugitive criminal apprehended on a provisional warrant shall be discharged by the Judge unless the Judge within such reasonable time as with reference to the circumstances of the case he shall fix, receives from the Attorney-General notification that a request has been made for the extradition of such criminal, and in the case of a Commonwealth country, that an Order has been issued by a Magistrate under the provisions of section 5 and in any such case ha may remand the fugitive criminal in custody or on bail for such period or periods as he may think fit but only the until expiration of the third day after the end of the period fixed for receiving notofication from the Attorney-General as aforesaid.

(3)When the fugitive criminal is brought before the Judge, to show cause why he should not be extradited the Judge shall, so far as may be expedient, hear the case in the same manner, and shall have the same jurisdicition and powers as if the prisoner were brought before him for trial.

(4)Depositions or statements on oath taken outside Sierra Leone, copies of such original depositions or statements, the contents of any official prosecution file or other official documents (whether or not confirmed by oath) and certificates or judicial documents stating the fact of conviction may, wherever made, if duly authenticated in accordance with the provisions of section 12 (or the Court is otherwise satisfied of their authenticity), be received in evidence at the hearing or any other proceedings under, or arising out of, this Act.

(5)The Judge shall receive any evidence which may be tendered to show that in the particular circumstances of the case extradition is not permissible under this Act.

8. Commital of discharge of prisoner

(1)If, in the case of a fugitive criminal accused of a crime in respect of which his extradition may be granted-

(a)the warrant authorising his arrest is duly authenticated;

(b)extradition is not excluded by any of the provisions of the Act other than sections 2 or 15; and

(c)the evidence adduced is sufficient to put the fugitive criminal on his trial of the crime of which he is accused had been committed in Sierra Leone, the Judge shall commit him to prison, but otherwise shall order him to be discharged.

(2)If, in the case of a fugitive criminal alleged to have been convicted of a crime in respect of which his surrender may be granted-

(a)extradition is not precluded by any of the provisions of this Act other that sections 2 or 15; and

(b)such evidence is produced as satisfies the Judge that the prisoner was convicted of such a crime, the Judge shall commit him to prison, but otherwise shall order him to be discharged.

(3)If he commits such criminal to prison he shall forthwith send to the Attorney-General a certificate of the committal and such report upon the case as he may think fit.

9. Attorney-General may order certain classes of cases to be dealt with by a Magistrate

If in any particular class of cases it shall appear to the Attorney-General expedient that the functions of a Judge under sections 7 and 8 should be performed by a Magistrate, he may publish an Order in the Gazette specifying the class or classes of cases which may be so dealt with by a Magistrate.

10. Extradition of fugitive criminal by warrant of the Attorney-General

(1)If a Judge or Magistrate commits a fugitive criminal to prison under the provisions of section 8 he shall inform such criminal that he will not be extradited until after such period, not being less than fifteen days, as the Attorney General shall determine, and that he has the right to apply for a writ of habeas corpus. Application for a writ of habeas corpus shall be made to the Chief Justice.

(2)Upon the expiration of such period, or if a writ of habeas corpus has been issued, after the decision of the Chief Justice on the return to the writ, as the case may be, or after such further period as may be allowed in either case by the Attorney General, the Attorney-General may, subject to the provisions of sections 2 or 15, as the case may be, and after making such further investigations or enquiries or obtaining such assurances as he may in all the circumstances of the case deem necessary, by warrant under his hand as prescribed in Form 5 in the Sixth Schedule order the fugitive criminal (if not discharged on the decision of the Court) to be surrendered to such person as may in his opinion be duly authorised to receive the fusitive criminal by the state requesting his extradition and such fugitive criminal shall bc surrendered accordingly.

(3)It shall be lawful for any person to whom such warrant is directed and for the person so authorised as aforesaid to receive, hold in custody, and convey within the jurisdiction of the state requesting the extradition the fugitive criminal mentionec in the warrant; and if the criminal escapes out of custody to which he may be delivered on, or in pursuance of, such warrant it shall be lawful to retake him in the same manner as any person accused of any crime against the laws of Sierra Leone may be retaken upon an escape.

11. Discharge of persons apprehended if not conveyed out of Sierra Leone within two months

If the fugitive criminal who has been committed to prison is not extradited and conveyed out of Sierra Leone within two months after such committal, or if a writ of habeas corpus is issued, after a decision of the Chief of Justice upon the return to the writ, a Judge may, upon application made to him by, or on behalf of the fugitive criminal and upon proof that reasonable notice of the intention to make such application has been given to the Attorney-General, order the criminal to be discharged out of custody, unless sufficient cause is shown to the contrary.

12. Authentification of warrants and depositions

Warrants and depositions or statements on oath, and copies thereof, and certificates of, or judicial documents stating the fact of, a conviction, and any official prosecution file or other official documents shall, if made outside Sierra Leone, be deemed duly authenticated for the purposes of this Act if authenticated in any manner for the time being provided by law or authenticated as follows-

(a)if the warrant purports to be signed by a Judge, Magistrate or officer of the state where the same was issued;

(b)if the depositions or the statements or the copies thereof, or any official prosecution file or other official documents, purport to be certified under the hand of a Judge, Magistrate or officer of the state where the same were taken or made, to be the original depositions, statements, file, or documents, or to be true copies thereof as the case may require;

(c)if the certificate of, or judicial document stating the fact of, conviction purports to be certified by a Judge, Magistrate or officer of the state where the conviction took place; and

(d)in every case, the warrants, depositions, statements, files, copies, certificates and judicial or other documents (as the case may be) are authenticated by the oath of some witness or by being sealed or stamped with the official seal or stamp of the Minister of Justice, or some other Minister of State, or in the case of a dependent territory, the official seal or stamp of the Governor or other officer administering the territory. And all courts shall take judicial notice of such official seal or stamp and shall admit the documents so authenticated by it to be received in evidence without further proof.

13. Search Warrants

Whenever an order or warrant has been issued under the provisions of sections 4 or 5 any Judge or Magistrate shall have the same power of issuing a warrant to search for any property alleged to be stolen or to be otherwise unlawfully taken or obtained by such person, or otherwise to be the subject of such offence, as the Judge or Magistrate would have if the property had been stolen or otherwise unlawfully taken or obtained or the offence had been committed wholly within the jurisdiction of such Judge or Magistrate.

PART II - SPECIAL PROVISIONS APPLYING TO COMMONWEALTH COUNTRIES

14. Special provisions in the case of Commonwealth countries

In the case of Commonwealth countries and such other countries as may from time to time be listed in the First Schedule, the Provisions of Part I shall apply subject to the conditions, limitations and modifications prescribed in this part.

15. Circumstances precluding return

(1)Section 2 shall not apply to cases under this Part, but extradition shall not be granted if in the circumstances of the particular case it appears to the Attorney-General that -

(a)the offence is an offence of a political character, or

(b)the request for surrender although purporting to be made for a returnable offence was in fact made for the purpose of prosecuting or punishing any person on account of his race, religion, nationality or political opinions; or

(c)the person returned may be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality or political opinions; or

(d)the case is of a trivial nature;

(e)the accusation against the fugitive was not made in good faith or in the interest of justice; or

(f)having regard to all the circumstances it would be unjust or oppressive or too severe a punishment to return the fugitive; or

(g)the fugitive has been convicted of an offence of which he is accused and is neither unlawfully at large nor at large in breach of a condition of a licence to be at large; or

(h)the fugitive has been acquitted, whether within or outside the Commonwealth, of the offence of which he is accused.

(2)In cases mentioned in paragraphs (d), (e) and (f) of subsection (1), if it appears to the Attorney-General that extradition should be granted but that in the particular circumstances of the case it would be oppressive to return the fugitive before the expiration of a certain period, extradition shall not be granted until the expiration of that period.

16. Attorney-General's certificate conclusive

If the Attorney-General certifies that the offence of which a fugitive criminal is accused is an offence of a political character such certificate shall be conclusive and binding upon all courts in Sierra Leone.

17. Offences for which extradition may be granted

Extradition may be granted for any of the offences set out in the Fourth Schedule: Provided that if the offence for which extradition is requested would not be an offence if committed in Sierra Leone extradition shall not be granted without the consent of the Attorney-General.

18. Postponement of return in certain cases

Where a fugitive criminal -

(a)has been charged with an offence triable in Sierra Leone; or

(b)is serving a sentence in Sierra Leone,

then until he has been discharged (whether by acquittal, the expiration or remission of his sentence, or otherwise) he shall not be extradited without the permission of the Attorney-General.

19. Priority where requests made by more than one country

(1)Where requests for the return of a fugitive criminal have been made by two or more Commonwealth Governments the Attorney-General shall determine to which country the fugitive criminal is to be returned.

(2)In determining which country the fugitive criminal is to be returned to, the Attorney-General will consider all the circumstances of the case and in particular-

(a)the relative seriousness of the offences;

(b)the relative dates on which the requests were made;

(c)the citizenship or other national status of the fugitive criminal and his ordinary residence.

20. Discretion to return of citizens, etc.

(1)No extradition shall be granted without the consent of the Attorney-General if the fugitive criminal whose return is requested is a citizen or permanent resident of Sierra Leone, unless the fugitive criminal is also a national of that part of the Commonwealth to which his return is requested.

(2)For the purposes of this section a fugitive criminal shall be treated as a national of a part of the Commonwealth if that part consists of, or includes-

(a)a Commonwealth country of which he is a citizen; or

(b)a country or territory his connection with which determines his national status,

in either case at the date of the request.

21. Fugituve in transit in Sierra Leone

A fugitive criminal who is being conveyed lawfully through Sierra Leone shall be deemed to be in lawful custody and if he escapes he shall be recaptured in the same manner as a person accused of any crime against the laws of Sierra Leone may be recaptured upon as escape.

PART III - SPECIAL PROVISIONS APPLYING TO THE REPUBLIC OF GUINEA

22. Special provisions in the case of the Republic of Guinea

In the case of the Republic of Guinea and such other countries as may from time to time be listed in the Second Schedule the provisions of Part I shall apply subject to the following conditions, limitations and modifications -

(a)in any case where extradition is requested for a non-political crime, it shall not be granted unless -

(i)the crime was committed in the Republic of Guinea; and

(ii)the fugitive criminal has not been, and is not liable to be, punished in Sierra Leone for that crime; and

(b)in all cases, extradition shall be granted only in respect of a crime while (due regard being had to differences between the legal systems of the respective countries) corresponds to a crime punishable under the criminal law of Sierra Leone.A certificate under the hand of the Attorney-General that any crime punishable under the criminal law of the Republic of Guinea corresponds to a crime punishable under the criminal law of Sierra Leone shall be accepted by the Court as conclusive.

PART IV - SPECIAL CONDITIONS APPLYING TO THE COUNTRIES LISTED IN THE THIRD SCHEDULE

23. Special conditions applying to countries listed in the Third Schedule

In the case of the countries listed in the Third Schedule the provisions of Part I shall apply subject to the following conditions, limitations and modifications -

(a)extradition shall be granted only in respect of a crime which -

(i)falls within one of the categories of offences listed in the Fourth Schedule; and

(ii)corresponds to a crime punishable in Sierra Leone with imprisonment for a term of twelve months or more; and

(b)extradition shall not be granted for any offence which appears to the Attorney-General to be of a political character.

PART V - PROVISIONS RELATING TO PRISONERS EXTRADITED TO SIERRA LEONE FROM ABROAD

24. Sending back persons not prosecuted or acquited

When a person accused of any offence has been extradited to Sierra Leone and either is not prosecuted for the said offence within six months after his arrival in Sierra Leone or is acquitted of the said offence, the Attorney-General may, if he thinks fit, on the request of such person, cause him to be sent back free of cost and with as little delay as possible to the country where he was apprehended.

25. Fugitive criminal not triable for previous crime

Where a person accused of any crime has been extradited to Sierra Leone, he shall not, unless the state from whichhe has been extradited so agrees, be triable or tried or detainedfor any crime committed prior to his extradition other than a crime which may be proved by the facts upon which his extradition was grounded, nor shall he be detained for the purpose of being returned or surrendered to any other country or territory for trial or punishment on account of any such offence.

26. Repeal of Act No. 60 of 1962

The Extradition Act, 1962 is hereby repealed.

FIRST SCHEDULE (Secs. 1(3) & 14)

THE COMMONWEALTH COUNTRIES

SECOND SCHEDULE (Secs. 1(3) & 22)

THE REPUBLIC OF GUINEA

THIRD SCHEDULE (Secs. 1(3) & 23)

Albania Argentine Republic Belgium Bolivia Cameroon Chile Columbia Cuba Czechoslovakia Denmark Equador Finland France Germany, Federal Republic of Greece Guatemala Haiti Hungary Iceland Iraq Israel Italy Liberia Luxemburg Mexico Monaco Netherlands Nicaragua Norway Panama Paraguay Peru Poland Portugal Roumania Salvador San Marino Siam Spain Switzerland Tonga The United States of America Uruguay Yugoslavia (formerly Servia)

FOURTH SCHEDULE (Secs. 2 & 17)

List of crimes for which extradition may be granted to the States listed in the Third Schedule:

1. Murder.

2. Manslaughter.

3. Counterfeiting and altering money or bank notes and uttering counterfeit or altered money or bank notes and other offences relating to coinage and bank notes.

4. Forgery, counterfeiting and altering and uttering what is forged, counterfeited or altered.

5. Embezzlement.

6. Larceny.

7. Obtaining money or goods by false pretences.

8. Offences by bankrupts under any law relative to bankruptcy.

9. Fraudulent misappropriation and frauds by a bailee.

10. Rape.

11. Abduction.

12. Child stealing.

13. Burglary and housebreaking.

14. Arson.

15. Robbery and violence.

16. Bribery.

17. Sinking or destroying a vessel at sea.

18. Assault on board a ship on the high seas with intent to destroy life or do grievous bodily harm.

19. Revolt by two or more persons on board ship on the high seas against the authority of the master.

20. Offences in connection with the Slave Trade committed on the high seas or on land.

21. Kidnapping.

22. False imprisonment.

23. Perjury and subornation of perjury.

24. Malicious or wilful damage to property.

25. Offences against legislation relating to dangerous drugs.

26. Offences against the person.

27. Any offence of a nature or category similar to any of the above-mentioned offences which is for the time being punishable in Sierra Leone.

28. Any conspiracy or attempt to commit any of the above-mentioned offences and the counselling, procuring, commanding, aiding or abetting of any such offence or being an accessory before or after the fact to any such offence.

FIFTH SCHEDULE

DESCRIPTION OF RETURNABLE OFFENCES

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, embezzling, fraudulent conversion, fraudulent or 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.

B. Aiding and abetting, or counselling or procuring the commission of, or being an accessory before or after the fact to, or attempting or conspiring to commit, any of the offences listed in paragraph A above.

SIXTH SCHEDULE (Secs. 4, 5(1))

FORM 1 - ORDER OF APPREHENSION

FORM 2 - PROVISIONAL WARRANT OF APPREHENSION

FORM 3 - REMAND WARRANT

FORM 4 - WARRANT OF COMMITTAL AFTER HEARING

FORM 5 - EXTRADITION WARRANT