The Brazil (Extradition) Order 1997

ARTICLE 3 Grounds for Refusal of Extradition

(1) A person shall not be extradited if the appropriate authority in the Requested State is satisfied:

(a) that the offence for which his extradition is requested is an offence of a political character; or

(b) that it is an offence under military law which is not also an offence under the general criminal law; or

(c) that the request for extradition (though purporting to be made on account of an extradition offence as is specified in Article 2) has in fact been made for the purpose of prosecuting or punishing the person sought on account of his race, religion, nationality or political opinions; or

(d) that the person sought might, if extradited, be prejudiced at his trial or be punished, detained or restricted in his personal liberty, by reason of his race, religion, nationality or political opinions; or

(e) that it would, having regard to all the circumstances, be unjust or oppressive to extradite the person sought:

(i) by reason of the trivial nature of the offence of which he is accused or was convicted; or

(ii) in accordance with its laws, because of the passage of time since he is alleged to have committed it or to have become unlawfully at large, as the case may be; or

(iii) because the accusation against him has not been made in good faith in the interests of justice; or

(f) that, in the case of a request from the United Kingdom, a previous request based on the same facts has been made for the extradition of the person sought, and that request was denied.

(2) A person shall not be extradited if he would, if proceeded against in the territory of the Requested State for the offence for which his extradition is requested, be entitled to be discharged under any rule of law of the Requested State relating to his previous acquittal or conviction.

(3) If the Requested State does not extradite its own national on the grounds of his nationality, it shall at the request of the Requesting State submit the case to its competent authorities in order that proceedings may be taken if they are considered appropriate. For this purpose, the file, information and exhibits relating to the offence shall be transmitted without charge by the means provided for in Article 5. The Requesting State shall be informed of the result of its request.