WESTERN SAMOA

EXTRADITION AMENDMENT ACT 1994

Arrangement of Provisions

Title
1. Short title and commencement
2. Interpretation
3. Heading substituted
4. Designated Commonwealth countries
5. Person liable to extradition
6. Repeal
7. General restrictions on extradition
8. Authority to proceed
9. Proceedings for committal
10. Liability for arrest, etc., of persons in respect of extradition offences
11. Property found on arrested person
12. Formal and consequential amendments
13. Amendments to Acts, Administered by the Department of Justice
Schedule 1 and Schedule 2

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1994, No. 4

AN ACT to amend the Extradition Act 1974.

(8 July 1994)

BE IT ENACTED by the Legislative Assembly of Western Samoa in Parliament assembled as follows:

1. Short title and commencement - (1) This Act may be cited as the Extradition Amendment Act 1994, and shall be read together with and deemed part of the Extradition Act 1974 (hereinafter referred to as the principal Act).

(2) This Act shall come into force on the date it is assented to by the Head of State.

2. Interpretation - The principal Act is amended by repealing section 2 and substituting the following section:

"2. Interpretation - (1) In this Act, unless the context otherwise requires -

"Authority to proceed" means an authority to proceed within the meaning of section 7(1) of this Act.

"Court of committal" in relation to a person whose extradition is requested under this Act, means the Court referred to in section 9(1) of this Act.

"Extradition country" means -

a. A Commonwealth country that is designated by Order under section 3 of this Act, together with the dependencies (if any) of that country; or

b. A foreign country with which an extradition treaty is in force.

"Extradition offence" in relation to an extradition country, means -

a. An offence (including an offence of a purely fiscal character) against the law of that extradition country that -

(i) Is an offence for which the maximum penalty is death or imprisonment, or other deprivation of liberty, for a period of not less than 12 months; and

(ii) Is constituted by an act or omission that would constitute an offence against the law of Western Samoa if it took place within Western Samoa or in the case of an extra-territorial offence, in corresponding circumstances outside Western Samoa; or

b. An offence (including an offence of a purely fiscal character) against the law of that extradition country that does not carry a penalty under the law of that country but is constituted by conduct that, under an extradition treaty in relation to that country, is required to be treated as an offence for which the surrender of persons is permitted by that country and Western Samoa.

"Extradition treaty" means a treaty or agreement relating to extradition, being -

a. A treaty made by Western Samoa with a foreign country; or

b. A treaty made before the 1st day of January 1962 that extends to and is binding on, Western Samoa.

"Foreign Country" means any country outside Western Samoa (other than a Commonwealth Country), and includes every constituent part and dependency of such a country.

"Minister" means the Minister of Justice.

(2) A reference in this Act to the law of any country includes a reference to a law of, or in force in, any part of that country."

3. Heading substituted - The principal Act is amended by repealing the heading immediately preceding section 3 and substituting the following heading.

REQUIREMENTS FOR EXTRADITION

4. Designated commonwealth countries - Section 3 of the principal Act is amended by adding the following subsection:

"(3) The Head of State, acting on the advice of Cabinet, may, by Order so published, direct that extradition between Western Samoa and a Commonwealth country so designated that is specified in the order is to be conducted on the basis of record of case."

5. Person liable to extradition - Section 4 of the principal Act is amended by omitting the words "or convicted".

6. Repeal - (1) Section 5 of the principal Act is repealed.

(2) The Schedule to the principal Act is consequentially repealed.

7. General restrictions on extradition - (1) alleged offence that contains the Section 6(1) of the principal Act is amended by inserting, after paragraph (a), the following paragraph:

"(aa) That the offence of which the person is accused or was convicted is an offence under the military law, but not under the ordinary criminal law, of the requesting country."

(2) Section 6(1) of the principal Act is further amended by inserting in paragraphs (b) and (c), after the word "religion," the words "ethnic identity".

8. Authority to proceed - Section 7 of the principal Act is amended by repealing subsection (2) and substituting the following subsections:

"(2) Subject to subsection (2A) of this section a request made on behalf of any extradition country (in this subsection and in subsections (2A) and (2B) of this section called the requesting country) for the extradition of a person accused of an offence shall be accompanied by -

a. A warrant for the arrest of the person issued in the requesting country; and

b. Particulars of the person; and

c. Particulars of the facts upon which, and the law under which, the person is accused; and

d. Evidence for the purposes of section 9(4)(a) of this Act.

(2A) If the requesting country is a Commonwealth country and an order under section 3(3) of this Act directs that extradition between Western Samoa and the requesting country is to be conducted on the basis of record of case, the request shall be accompanied by -

(a) A record of the case in respect of the alleged offence that contains the following particulars and documents:

(i) Particulars of the description, identity, nationality and, if available, the whereabouts of the person sought;

(ii) Particulars of each offence in respect of which extradition is sought, specifying the date and place of commission, the legal definition of the offence and the relevant provisions of the law of the requesting country, including a certified copy of any such definition in the written law of the requesting country;

(iii) The original, or a certified copy, of any warrant or process issued in the requesting country against the person sought;

(iv) A recital of the evidence acquired to support the extradition of the person sought;

(v) A certified copy, reproduction or photograph of each exhibit, or item of documentary evidence, mentioned in that recital of evidence; and

(b) An affidavit, sworn statement or affirmation of an officer of the investigating authority of the requesting country stating that -

(i) The record was prepared by, or under the direction of, that officer; and

(ii) The evidence referred to in the record has been preserved for use in Court; and

(c) A certificate of the Attorney General of the requesting country stating that, in his opinion, the record discloses the existence of evidence under the law of the requesting country sufficient to justify a prosecution.

(2B) A certification required by subsection (2A)(a) of this section may be done by any person in the requesting country who is, or holds office as, the Attorney-General or a Legal practitioner, Notary public, Commissioner of oaths or Commissioned Police Officer.

(2C) A request made on behalf of any extradition country for the extradition of a person unlawfully at large after conviction of an offence shall be accompanied by -

(a) A certificate of the conviction and sentence in that country; and

(b) A statement of the amount (if any) of that sentence which has been served; and

(c) Particulars of the person; and

(d) Particulars of the facts upon which, and the law under which, the person was convicted."

9. Proceedings for committal - Section 9 of the principal Act is amended by repealing subsection (4) and substituting the following subsections:

"(4) Where -

(a) An authority to proceed has been issued in respect of the person arrested;

(b) Subject to subsection (5) of this section, the Court of committal is satisfied, after hearing any evidence tendered in support of the request for the extradition of that person or on behalf of that person, that the offence to which the authority relates is an extradition offence; and,

(i) where that person is accused of the offence, that the evidence would be sufficient to warrant his trial for that offence if it had been committed within the jurisdiction of the Court;

(ii) Where that person is allege to be unlawfully at large after conviction of the offence, that he has been so convicted and appears to be so at large; and

(c) Committal of the person is not prohibited by any other provision of this Act - the Court shall commit him to custody to await his extradition; but, if the Court is not so satisfied or if the committal of that person is so prohibited, the Court shall discharge him from custody.

(5) In a case in which the request for the extradition of a person for an alleged offence is accompanied, in accordance with section 7(2A), by record of the case, the requirements of section (4)(b) of this section are met if the Court is satisfied that the records of the case indicate that -

(a) The offence to which the authority to proceed relates is an extradition offence; and

(b) According to the law of the country requesting the extradition of the person, the person has committed the offence to which the record relates."

10. Liability for arrest, etc., of persons in respect of extradition offences - Section 18 of the principal Act is amended by omitting the words "Every fugitive offender of a Treaty State or designated Commonwealth country" and substituting the words "A person for whose extradition a request is made under this Act."

11. Property found on arrested persons - (1) Section 19 of the principal Act is amended by omitting the words "an offender at the time of his arrest" and substituting the words "a person at the time of his arrest under this Act."

(2) Section 19 of the principal Act is further amended by omitting the words "the offender" and substituting the words "the person".

12. Formal and consequential amendments - The principal Act is further amended as set out in Schedule 1 to this Act.

13. Amendments to Acts, Administered by the Department of Justice - The Acts administered by the Department of Justice as specified in Schedule 2 are amended as indicated in Schedule 2.

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SCHEDULE 1

FORMAL AND CONSEQUENTIAL AMENDMENTS

Provision	Omit	Substitute	
			
Section 3(2)	designated Commonwealth country	Commonwealth country so designated	
			
Section 4	any Treaty State or designated Commonwealth country	an extradition country	
			
	such an offence	an extradition offences	
			
	any such State or country	an extradition country	
			
	that State or country	that extradition country	
			
Section 6(1)	to a Treaty State or to a designated Commonwealth country	to an extradition country	
			
Section 6(2)	any State or country	any country	
			
Section 6(3)	any State or country	any country	
			
	of that State or country	of that country	
			
	with the State or country	with the country	
			
	in that State or country	in that country	
			
Section 6(4)	External Affairs	Foreign Affairs	
			
	a foreign state or Commonwealth country	a country	
			
Section 7(1)	the treaty State or the designated Commonwealth country	the extradition country	
			
Section 11(1)	the State or country	the country	
			
Section 11(4)	the State or country	the country	
			
Section 11(5)	any State or country	any country	
			
	another State or country	another country	
			
Section 13(1)(a)	a treaty State or a designated Commonwealth country	an extradition country	
			
Section 13(1)(b)	any such State or country	an extradition country	
			
Section 13(1)(c)	any such State or country	an extradition country	
			
Section 13(2)(a)	the State or country	the extradition country	
			
Section 13(2)	The treaty State or the designated Commonwealth country, as the case may be	the extradition country	
			
Section 14(4)	any State or country	an extradition country	
			
Heading before section 16	Treaty States and Commonwealth countries	Extradition Countries	
			
Section 16(1)	any foreign country or designated Commonwealth country	an extradition country	
			
Section 16(2)(c)	the State or of the country	the extradition country	
			
Section 20	a foreign state or a Commonwealth country and Western Samoa	Western Samoa and another country	

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SCHEDULE 2

1. Criminal Procedure Act 1972 - section 164 Q of the Criminal Procedure Act 1972 is hereby amended by omitting the number "14" from the section and substituting the number "21".

2. District Courts Amendment Act 1992/1993 - Subsection (2) of Section 1 of the District Courts Amendment Act 1992/1993 is amended by inserting immediately after the word "Act" the words "or any section thereof".

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