The Brazil (Extradition) Order 1997

Made: 8th April 1997

Laid before Parliament: 14th May 1997

Coming into force: on a date to be notified in the London, Edinburgh and Belfast Gazettes

At the Court at Windsor Castle, the 8th day of April 1997 Present, The Queen’s Most Excellent Majesty in Council

Now, therefore, Her Majesty, in exercise of the powers conferred on Her by section 4(1) of the Extradition Act 1989, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

1

This Order may be cited as the Brazil (Extradition) Order 1997 and shall come into force on a date to be notified in the London, Edinburgh and Belfast Gazettes.

2

The Extradition Act 1989, so far as it relates to extradition procedures under Part III of that Act, shall apply in the case of the Federative Republic of Brazil in accordance with the said Treaty of 18th July 1995.

3

The operation of this Order is limited to the United Kingdom.

SCHEDULE — EXTRADITION TREATY BETWEEN THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE FEDERATIVE REPUBLIC OF BRAZIL

The Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Federative Republic of Brazil;

Desiring to make provision for the reciprocal extradition of offenders;

Have agreed as follows:

ARTICLE 1 — Duty to Extradite

ARTICLE 2 — Extradition Offences

ARTICLE 3 — Grounds for Refusal of Extradition

ARTICLE 4 — Capital Punishment

If under the law of the Requesting State the person sought is liable to the death penalty for the offence for which his extradition is requested, but the law of the Requested State does not provide for the death penalty in a similar case, extradition may be refused, unless the Requesting State gives such assurance as the Requested State considers sufficient that the death penalty will not be carried out.

ARTICLE 5 — Extradition Procedures

ARTICLE 6 — Provisional Arrest

ARTICLE 7 — Competing Requests

If the extradition of a person is requested concurrently by one of the Contracting States and by another State or States, either for the same offence or for different offences, the Requested State shall make its decision, in so far as its law allows, having regard to all the circumstances, including the provisions in this regard in any Agreements subsisting between the Requested State and the Requesting States, the relative seriousness and place of commission of the offences, the respective dates of the requests, the nationality or citizenship and residence of the person sought and the possibility of subsequent extradition to another State.

ARTICLE 8 — Admission of Evidence

ARTICLE 9 — Due Process

ARTICLE 10 — Decision and Surrender

ARTICLE 11 — Surrender of Property

ARTICLE 12 — Rule of Speciality

ARTICLE 13 — Documents

If in any particular case the Requested State so requires, the Requesting State shall supply a translation of any document submitted in accordance with the provisions of this Treaty.

ARTICLE 14 — Expenses

Expenses incurred by reason of the request for extradition shall be met as follows:

• (a) the Requesting State shall make its own arrangements with respect to its representation in the Requested State in any proceedings arising out of the request, and shall meet the expenses of such representation that may occur;

• (b) expenses concerning transportation of the person extradited shall be borne by the Requesting State;

• (c) all other expenses incurred in the territory of the Requested State by reason of the request for extradition shall be borne by that State.

ARTICLE 15 — Mutual Legal Assistance in Extradition

Each Contracting State shall, to the extent permitted by its law, afford the other the widest measure of mutual assistance in criminal matters in connection with the offence for which extradition has been requested.

ARTICLE 16 — Territorial Application

ARTICLE 17 — Dependent Territories

A request on the part of the Brazilian Government for the extradition of an offender who is found in any of the territories to which this Treaty has been extended in accordance with paragraph (1) of Article 16 of this Treaty may be made to the Governor or other competent authority of that territory, who may take the decision himself or refer the matter to Her Majesty’s Government in the United Kingdom for their decision.

ARTICLE 18 — Ratification, Commencement and Termination

Signed

N. H. Nicholls — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

This Order applies Part III of the Extradition Act 1989, as amended, in the case of Brazil in accordance with the Treaty between Her Majesty’s Government and the Government of the Federative Republic of Brazil which was concluded on 18th July 1995.

Footnotes

[^f00001]: 1989 c. 33.