VOLUME: II

EXTRADITION

PART: Surrender or Discharge of Fugitive Criminals (ss 19-22)

CHAPTER: 09:03

 

19.     Consent order for surrender

 

            (1) A fugitive criminal may waive committal proceedings and in that case the magistrate may, subject to the provisions of subsection (2), make an order by consent for the committal of the fugitive criminal to prison or for his admission to bail to await his surrender, as the case may be.

            (2) The magistrate shall not make a consent order under subsection (1) unless he is satisfied that the request by the fugitive criminal to waive committal proceedings was made voluntarily and with an understanding of the implications of that waiver.

 

20.     Surrender or discharge of fugitive criminal

 

            (1) Upon the expiration of 15 days from the date of the committal of a fugitive criminal to prison, or if an appeal is made under section 18, from the date of dismissal or lapsing of the appeal, as the case may be, or after such further period as may be allowed by the Minister, the Minister may by warrant order the fugitive criminal to be surrendered to such person as is in his opinion duly authorised by the requesting country to receive the fugitive criminal, together with any property seized under the provisions of section 11(4) and the fugitive criminal and such property shall be surrendered accordingly.

            (2) Any person to whom the warrant is directed and any person authorized to receive the fugitive criminal on behalf of the requesting country may receive, hold in custody and convey the fugitive criminal mentioned in the warrant into the jurisdiction of the requesting country.

 

21.     Discharge of persons apprehended

 

            Whenever a fugitive criminal who has been committed to prison is not surrendered and and conveyed out of Botswana within two months after the committal, or, if appeal against such committal has been lodged, after the decision of the court upon the matter, the High Court may-

     (a)     upon an application being made to it by or on behalf of the criminal; and

     (b)     upon proof that reasonable notice of the intention to make the application has been given to the Minister,

order the criminal to be released unless sufficient cause is shown to the contrary.

 

22.     Transfer of fugitive criminal

 

            (1) Notwithstanding the provisions of section 8(1)(d) and subject to subsection 2, the President may, subject to the provisions of this Act, order that a prisoner who is serving a sentence under any conviction in Botswana who is also a fugitive criminal whose surrender is requested be released and be surrendered to the requesting country to enable proceedings to be brought against the prisoner in relation to the offence for which his surrender is requested, on such conditions as may be agreed between the Minister and the requesting country.

            (2) A fugitive criminal shall not be surrendered under subsection (1) unless the requesting country has given an undertaking that the fugitive criminal shall be returned to Botswana on the completion of the proceedings in respect of which the surrender is grounded.