The Brazil (Extradition) Order 1997

2. Introductory Text

1. This Order may be cited as the Brazil (Extradition) Order...

3. 2. The Extradition Act 1989, so far as it relates to...

4. 3. The operation of this Order is limited to the United...

5. Signature

6. 1. SCHEDULE

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

      1. The Government of the United Kingdom of Great Britain and...

      2. Desiring to make provision for the reciprocal extradition of offenders;...

      3. Have agreed as follows:

      4. ARTICLE 1

         Duty to Extradite

         1. 1. Each Contracting State undertakes to extradite to the other, in...

         2. 2. Extradition shall also be available in respect of an extradition...

         3. 3. In addition, extradition shall be available for an extradition offence...

         4. 4. Extradition shall be available in respect of an extradition offence...

      5. ARTICLE 2

         Extradition Offences

         1. 1. This Treaty shall apply to offences which are punishable under...

         2. 2. Where extradition is requested for the purpose of carrying out...

         3. 3. In this Article, “deprivation of liberty” includes deprivation of liberty...

      6. ARTICLE 3

         Grounds for Refusal of Extradition

         1. 1. A person shall not be extradited if the appropriate authority...

         2. 2. A person shall not be extradited if he would, if...

         3. 3. If the Requested State does not extradite its own national...

      7. ARTICLE 4

         Capital Punishment

         1. If under the law of the Requesting State the person...

      8. ARTICLE 5

         Extradition Procedures

         1. 1. Without prejudice to Article 6, the request for extradition shall...

         2. 2. The request shall be accompanied by: (a) particulars of the...

         3. 3. In relation to a convicted person who was not present...

         4. 4. If the information communicated by the Requesting State is found...

      9. ARTICLE 6

         Provisional Arrest

         1. 1. In urgent cases the person sought may, in accordance with...

         2. 2. A person arrested upon such an application shall be set...

      10. ARTICLE 7

          Competing Requests

          1. If the extradition of a person is requested concurrently by...

      11. ARTICLE 8

          Admission of Evidence

          1. 1. The authorities of the Requested State shall admit as evidence,...

          2. 2. For the purposes of this Treaty, a document is “duly...

      12. ARTICLE 9

          Due Process

          1. 1. A person sought shall not be extradited until

          2. 2. If criminal proceedings against the person sought are instituted in...

      13. ARTICLE 10

          Decision and Surrender

          1. 1. The Requested State shall inform the Requesting State through the...

          2. 2. In the event that a request for extradition is refused,...

          3. 3. If the request is agreed to, the Requesting State shall...

          4. 4. The Requesting State shall arrange for the removal of the...

      14. ARTICLE 11

          Surrender of Property

          1. 1. When a request for extradition is granted, the Requested State...

          2. 2. If the articles in question are liable to seizure or...

          3. 3. These provisions shall not prejudice the rights of the Requested...

      15. ARTICLE 12

          Rule of Speciality

          1. 1. A person who has been extradited shall not be restricted...

          2. 2. When the description of the offence charged is altered in...

          3. 3. A person shall not, without the consent of the Requested...

      16. ARTICLE 13

          Documents

          1. If in any particular case the Requested State so requires,...

      17. ARTICLE 14

          Expenses

          1. Expenses incurred by reason of the request for extradition shall...

      18. ARTICLE 15

          Mutual Legal Assistance in Extradition

          1. Each Contracting State shall, to the extent permitted by its...

      19. ARTICLE 16

          Territorial Application

          1. 1. This Treaty shall apply: (a) in relation to the United...

          2. 2. References to the territory of a Contracting State shall be...

          3. 3. The application of this Treaty to any territory, in respect...

      20. ARTICLE 17

          Dependent Territories

          1. A request on the part of the Brazilian Government for...

      21. ARTICLE 18

          Ratification, Commencement and Termination

          1. 1. This Treaty shall be ratified, and the instruments of ratification...

          2. 2. Either of the Contracting States may terminate this Treaty at...

7. Explanatory Note