The Brazil (Extradition) Order 1997

ARTICLE 5 Extradition Procedures

(1) Without prejudice to Article 6, the request for extradition shall be in writing and communicated through the diplomatic channel.

(2) The request shall be accompanied by:

(a) particulars of the person sought, together with any other information which would help to establish his identity, nationality or citizenship and residence;

(b) particulars of the offence for which the extradition is requested (including evidence sufficient to justify the issue of a warrant for his arrest);

(c) the text, if any, of the law:

(i) defining that offence; and

(ii) prescribing the maximum punishment for that offence; and

(d) in the case of a convicted person, the judgement or order of conviction and the sentence of the court of an offence for which extradition may be granted under this Treaty, or an authenticated copy thereof, and evidence that he is unlawfully at large; or

(e) in the case of an accused person, a warrant of arrest issued by a competent authority in the territory of the Requesting State, or an authenticated copy thereof.

(3) In relation to a convicted person who was not present at his trial, the person shall be treated for the purposes of this Treaty as if he had been accused of the offence of which he was convicted.

(4) If the information communicated by the Requesting State is found to be insufficient to allow the Requested State to make a decision in pursuance of this Treaty, the latter State shall request the necessary supplementary information and may fix a time limit for receipt thereof.