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Extradition Bill 2025  

Extradition Bill 2025  

SAINT CHRISTOPHER AND NEVIS

No.         of 2025

A BILL to make provision for the extradition, to and from other countries, of persons accused or convicted of offences, and for related matters.

BE IT ENACTED by the King’s Most Excellent Majesty, by and with the advice and consent of the National Assembly of Saint Christopher and Nevis, and by the authority of the same as follows:

PART I

PRELIMINARY

  1. Short title.

This Act may be cited as the Extradition Act, 2025.

2. Interpretation.

(1) In this Act 

“arrangement”, in relation to the return of fugitive criminals to or from any country, other than Saint Christopher and Nevis, means any treaty, convention, agreement or understanding for that purpose between Saint Christopher and Nevis and 

  1. any other country; 
  2. which applies to both Saint Christopher and Nevis and that other country; or 
  3. of which both Saint Christopher and Nevis and the other country are parties;

“accused person” includes a person, in respect of whom a warrant is issued, who is wanted in a designated foreign country for the purposes of conducting a criminal prosecution for the commission of an offence specified in the warrant;

“CARICOM” means the Caribbean Community and Common Market as established under the Revised Treaty of Chaguaramas signed in Bahamas on the 5th of July, 2001;

“country” includes any territory;

“extraditable offence” has the meaning assigned to it by either section 6, section 9 or section 13 and includes an offence 

  1. punishable by a term of imprisonment of one year or more; or
  2. that is set out in the First Schedule;

“fugitive criminal” means a person accused or convicted of an extraditable offence committed within the jurisdiction of any country other than Saint Christopher and Nevis who is or is suspected of being in Saint Christopher and Nevis; and whenever that term occurs in relation to any such country, means a fugitive criminal accused or convicted of an extraditable offence committed within the jurisdiction of that country;

“Maritime Areas Act” means the Maritime Areas Act, Cap. 7.03.

“Minister” means the Minister responsible for Justice;

“prison” has the meaning assigned to it by the Prisons Act, Cap. 19.08;

“requesting country” means a country requesting the return under this Act of a fugitive criminal.

3. Application.

(1) The provisions of this Act and any subsidiary legislation made thereunder shall also apply, in accordance with the provisions of the 1982 United Nations Convention on the Law of the Sea to an exclusive economic zone or to the territorial waters as defined in the Maritime Areas Act Cap. 7.03. 

(2) Any artificial  island, installation, structure, equipment or device belonging to Saint Christopher and  Nevis or that is located within the exclusive economic zone or territorial waters of Saint Christopher and Nevis in accordance with the provisions of the Maritime Areas Act, shall, for the purposes of this Act and any subsidiary legislation made thereunder, be treated as if they were situated in Saint Christopher and Nevis itself.

(3)       For the purposes of this Act 

  1. a person convicted of an offence in his absence shall be treated as a person accused of that offence;
  2. an act or omission which constitutes an offence only against military law but not against the ordinary law of the land shall not be treated as an offence;
  3. every colony, dependency and constituent part of a country, and every vessel and every aircraft of or registered in that country, shall be deemed to be within the jurisdiction of and to be part of such country.

PART II

RETURN OF OFFENDERS TO CARICOM COUNTRIES

4. Persons liable to be returned.

Subject to the provisions of this Act, a person found in Saint Christopher and Nevis who is accused of an extraditable offence in any CARICOM country or who is alleged to be unlawfully at large after conviction of such an offence in a CARICOM  country, may be arrested and returned to that country in accordance with the provisions of this Act, the CARICOM Arrest Warrant Treaty, 2018, the Fugitive Offenders Act or the provisions of the Extradition (Eastern Caribbean States) Order as set out in the First Schedule.

5. CARICOM Countries.

  For the purposes of this Act, the expression, “CARICOM countries”, includes the countries referred to in the CARICOM Arrest Warrant Treaty, the Second Schedule of the Fugitive Offenders Act and the countries referred to in the Extradition (Eastern Caribbean States) Order. 

6. Extraditable offences in respect of CARICOM Countries.

 (1) For the purposes of this Act, an extraditable offence includes applicable offences of which a person is accused or has been convicted of in a CARICOM country pursuant to the CARICOM Arrest Warrant Treaty, 2018, the Fugitive Offenders Act and the provisions of the Extradition (Eastern Caribbean States) Order. 

(2) The descriptions set out in the First Schedule include 

  1. the offences described therein whether or not those offences are accompanied by any aggravating or mitigating circumstances, and 
  1. offences of complicity in any such offences as well as  attempts to commit those offences. 

PART III

RETURN OF OFFENDERS TO COMMONWEALTH COUNTRIES

7. Persons liable to be returned.

(1) Subject to the provisions of this Act, a person found in Saint Christopher and Nevis who is accused of an extraditable offence in the United Kingdom, a United Kingdom dependency or a designated Commonwealth country, or who is alleged to be unlawfully at large after conviction of an extraditable offence in the United Kingdom, a United Kingdom dependency or a designated Commonwealth country, may be arrested and returned to that country as provided by this Act.

(2) The provisions of the United Kingdom Extradition Act 1870 to 1932 shall, where the context allows, apply mutatis mutandis in case of extradition to the United Kingdom, a United Kingdom dependency, or a designated Commonwealth country in such a manner as shall not be inconsistent with the laws of Saint Christopher and Nevis. 

8. Designated Commonwealth Country.

(1)  The Minister may, by Order, designate any Commonwealth country for the purposes of extradition.

(2) The Minister may by the same or any subsequent Order direct that this Act shall have effect in relation to the return of persons to, or in relation to persons returned from, any designated Commonwealth country subject to such conditions, exceptions, adaptations or modifications as may be specified in the order.

(3) For the purposes of any Order made under the foregoing provisions of this section, any territory, the external relations of which a Commonwealth country is responsible for, may be treated as part of that country or, if the Government of that country so requests, as a separate country.

9. Extraditable offences in respect of designated Commonwealth Countries.

(1) For the purposes of this Act an offence of which a person is accused or has been convicted of in the United Kingdom, a United Kingdom dependency or a designated Commonwealth country is an extraditable offence in respect of that country if 

(a) it is an offence which, however described in the law of that country, falls within any of the descriptions set out in the First Schedule to this Act, and is punishable under that law with imprisonment for a term of one year more or any greater punishment; and

(b)    the act or omission constituting the offence, or the equivalent act or omission, would constitute an offence against the law of Saint Christopher and Nevis if it took place in Saint Christopher and Nevis.

(2) In determining for the purposes of this section whether an offence against the law of the United Kingdom, a United Kingdom dependency or a designated Commonwealth country within a description set out in the First Schedule, any special intent or state of mind or special circumstances of aggravation which may be necessary to constitute that offence under the law shall not be taken into account. 

(3) The descriptions set out in the First Schedule include 

  1. the offences described therein whether or not those offences are accompanied by any aggravating or mitigating circumstances, and 
  1. offences of complicity in any such offences as well as  attempts to commit those offences. 

PART IV

EXISTING EXTRADITION TREATIES OR ARRANGEMENTS 

10.  Extradition treaties or arrangements with named countries.

Extradition may take place to or from the countries set out in the Second Schedule in respect of which Saint Christopher and Nevis has existing treaties or arrangements. 

PART V.

RETURN OF OFFENDERS TO OTHER FOREIGN COUNTRIES

11. Persons liable to be returned.

Subject to the provisions of this Act, a person found in Saint Christopher and Nevis who is accused of an extraditable offence in any designated foreign country or who is alleged to be unlawfully at large after conviction of an extraditable offence in any designated foreign country, may be arrested and returned to that country as provided by this Act.

12. Designated foreign country.

(1)  The Minister may by Order, designate for the purposes of section 11 any requesting country with which a treaty or  arrangement, exists or has been made, whether before or after the commencement of this Act, for the return to such country of any fugitive criminal; and any country for the time being so designated is in this Act referred to as a designated foreign country:

(2) The Minister may by the same or any subsequent Order, after consultation with the Cabinet of Ministers, direct that this Act shall have effect in relation to the return of persons to or from, or in relation to persons returned from, any designated foreign country, subject to such conditions, exceptions, adaptations or modifications as may be specified in the Order.

13. Extraditable offences in respect of designated foreign countries.

(1) For the purposes of this Act, an offence of which a person is accused or has been convicted in a designated foreign country is an extraditable offence in respect of that country if –

(a) it is an offence which falls within any of the descriptions set out in the First Schedule to this Act in respect of which a fugitive criminal may be returned to that country in accordance with an arrangement, and is punishable under the law of that country with imprisonment for a term of one year or more; and

(b) the act or omission constituting the offence or the equivalent act or omission, would constitute an offence against the law of Saint Christopher and Nevis if it took place in Saint Christopher and Nevis.

(2) In determining for the purposes of this section whether an offence falls within the requirements of sub-section (1)(a) and (b), the description of the offence shall not be regarded as material if the offences under the law of Saint Christopher and Nevis and that of the requesting country are substantially of the same nature.

(3) The descriptions set out in the First Schedule include 

  1. the offences described therein whether or not those offences are accompanied by any aggravating or mitigating circumstances, and 
  1. offences of complicity in any such offences as well as  attempts to commit those offences. 

PART V

PROVISIONS APPLICABLE TO RETURN OF OFFENDERS TO ALL COUNTRIES

14. Application of Part.

This Part applies where

  1. there is an extradition request from a country; or 
  2. there is no provision in an existing treaty or arrangement with the requesting country with respect to the specified matter.

15. Powers of the Minister with respect to return of offenders.

(1) Subject to the provisions of subsection (2), a person shall not be returned under this Act to any country, or committed to or kept in custody for the purposes of such return, if the Minister, in the exercise of any power conferred on or reserved by the State in or in respect of any treaty or arrangement, has so directed.

(2) The Minister may refuse to make an order under section 16 or section 26 in any of the following cases:

(a)  where the request is for a person unlawfully at large after conviction and the punishment awarded is less than four months imprisonment;

(b) where the request is for the return of a person convicted of an offence in his absence and the requesting country has not given an assurance accepted as sufficient by the Minister that such person will be granted a new trial if he so requests;

(c) if prosecution for the offence in respect of which extradition is requested is barred by prescription either according to the law of Saint Christopher and Nevis or according to the law of the requesting country;

(d)  where the request is for a person who is in Saint Christopher and Nevis having been returned thereto as mentioned in section 31(1) and the State is under an obligation not to return such a person to another country;

  1. if any amnesty has been granted in respect of the offence for which the return is requested and the courts of Saint Christopher and Nevis had jurisdiction to try that offence;
  1. if the person whose extradition is requested is a citizen of Saint Christopher and Nevis.

16.  Authority to proceed.

(1) Subject to the provisions set out in section 19 relating to provisional warrants, a person shall not be dealt with under this Act except in pursuance of an order of the Minister, in this Act referred to as an authority to proceed, issued in pursuance of a request made in writing to the Minister by or on behalf of the Government of the designated Commonwealth country or of the designated foreign country in which the person to be returned is accused or was convicted.

(2) There shall be furnished with any request made for the purposes of this section on behalf of any country –

  1. in the case of a person accused of an offence, a warrant for his arrest issued in that country;
  2. in the case of a person unlawfully at large after conviction of an offence, a certificate of the conviction and sentence in that country, and a statement of the amount if any of that sentence has been served,

together, in each case, with –

  1. particulars of the person whose return is requested, including information sufficient to establish his identity and nationality;
  2. particulars of the facts upon which and the law under which such person is accused or was convicted, the legal description of the offence and a copy of the relative enactments or (if this is not practicable) a statement of the relevant law; and
  3. evidence sufficient to justify the issue of a warrant for his arrest under section 19.

(3) On receipt of such a request, the Minister may issue an Order to proceed unless it appears to him that an Order for the return of the person concerned could not lawfully be made, in accordance with the provisions of this Act.

17. General restrictions on return.

(1) A person shall not be returned under this Act to any country, or committed to or kept in custody for the purposes of such return, if it appears to the court of committal where applicable or to the Minister as the case may be-

  1. that the offence of which that person is accused or was convicted is an offence of a political character; or
  2. that the request for his return, though purporting to be made on account of an extraditable offence is in fact made solely or primarily for the purpose of prosecuting or punishing him on account of his race, place of origin, nationality, political opinions, colour or creed; or
  3. that he might, if returned, be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, place of origin, nationality, political opinions, colour or creed.

(2) A person accused of an offence shall not be returned under this Act to any country, or committed to or kept in custody for the purpose of such return, if it appears that if charged with that offence in Saint Christopher and Nevis he would be entitled to be acquitted under any rule of law relating to previous acquittal or conviction.

(3) A person shall not be returned under this Act to any country, or committed to or kept in custody for the purposes of such return, unless provision is made by the law of that country, or by a treaty or an arrangement made with that country, for securing that the person will not be dealt with in that country for or in respect of any offence committed before his return under this Act other than 

  1. the offence in respect of which his return under this Act is requested;
  2. any lesser offence proved by the facts proved before the court of committal; or
  3. any other offence being an extraditable offence in respect of which the Minister may consent to his being so dealt with;

unless he has first been afforded an opportunity of returning to Saint Christopher and Nevis .

(4) Any such arrangement as is mentioned in sub-section (3) may be an arrangement made for the particular case or an arrangement of a more general nature; and for the purpose of that sub-section a certificate issued by or under the authority of the Minister confirming the existence of an arrangement with any country and stating its terms shall be conclusive evidence of the matters contained in that certificate.

(5) For the purposes of this section, an offence against the life or person of a head of state, or any related offence described in sections 6, 9 and 13, shall not necessarily be deemed to be an offence of a political character.

18. Delay of return.

A person who has been accused of some offence within the jurisdiction of Saint Christopher and Nevis, not being the offence for which his return is sought or requested, who is undergoing sentence under any conviction in Saint Christopher and Nevis, shall not be returned under this Act to any country,

  1. until after he has been discharged whether by acquittal or on the         expiration of his sentence or otherwise; or
  1. unless pursuant to the provisions of section 34.

19. Arrest for purposes of committal.

(1) A warrant for the arrest of a person accused of an extraditable offence, or alleged to be unlawfully at large after conviction of such an offence, may be issued by a magistrate –

  1. on the receipt of an authority to proceed; or
  2. without such authority, upon information that the said person is, or is believed to be, in or on his way to Saint Christopher and Nevis,

and any warrant issued by virtue of paragraph (b) is in this Act referred to as a provisional warrant.

(2) A warrant of arrest under this section may be issued upon such evidence as would, in the opinion of the magistrate, authorise the issue of a warrant for the arrest of a person accused of committing a corresponding offence or, as the case may be, of a person alleged to be unlawfully at large after conviction of an offence by a Court in Saint Christopher and Nevis.

(3) Where a provisional warrant is issued under this section, the magistrate by whom it is issued shall forthwith give notice to the Minister, and transmit to him the information and evidence, or certified copies of the information and evidence, upon which it was issued.

(4) Where a provisional warrant has been issued by a Magistrate in accordance with subsection 1(b), the Minister shall, notify the requesting state of the issuance of the provisional warrant and shall require that state within 3 days of the date of the notice, to issue an official request in writing to Saint Christopher and Nevis for the return of that person.  

(5) If an authority to proceed is issued by the Minister, a warrant issued under this section shall be forthwith executed by a Police officer.

(6) Pursuant to subsection (3), if the Minister decides not to issue an authority to proceed in respect of the person to whom the warrant relates, he shall inform the Magistrate in the prescribed manner, that he will not issue an authority to proceed.

(7) Where pursuant to subsection (6), the Minister informs the Magistrate that he will not issue an authority to proceed, the Magistrate shall, by Order, 

  1. cancel the warrant and;
  2. if the person to whom the warrant relates is under arrest, discharge that person. 

(8) Where pursuant to subsection (4), if no official written request is received from the requesting State, upon the expiration of three days, the Magistrate shall, by Order, 

  1. cancel the warrant and;
  2. if the person to whom the warrant relates is under arrest, discharge that person. 

20. Proceedings for committal.

(1) A person arrested in pursuance of a warrant under section 19 shall be discharged under sub-section (5) and be brought as soon as practicable and in any case not later than forty-eight hours from his arrest before the Magistrates’ Court for the purposes of remanding in custody or on bail.

(2) Where the person arrested is in custody by virtue of a provisional warrant and no authority to proceed has been received in respect of him, the court of committal may fix a reasonable period, of which the court shall give notice to the Minister, after which the person shall be discharged from custody unless such an authority has been received.

(3) Where an authority to proceed has been issued in respect of the person arrested and the court of committal is satisfied, after hearing any evidence tendered in support of the request for the return of that person or on behalf of that person, that the offence to which the authority relates is an extraditable offence and it is further satisfied –

  1. where the 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  Saint Christopher and Nevis;
  2. where the person is alleged to be unlawfully at large after conviction of the offence, that he has been so convicted and appears to be at large,

the court shall, unless his committal is prohibited by any other provision of this Act, commit him to custody to await his return thereunder; but if the court is not satisfied or if the committal of that person is prohibited, the court shall discharge him from custody:

(5) Where a person has been brought before a court of committal as provided in sub-section (1), the court shall inform such person that he or she may consent to being extradited and the court shall explain the procedure that shall apply if he gives his consent. 

(6) Where the person arrested declares before the court of committal that he is willing to be extradited, the court shall clearly warn such person of the legal consequences of his  declaration and, after allowing him such time as the court deems reasonable for him to reply, the court shall upon being satisfied of the voluntariness of such declaration, commit him to custody to await his return and all the provisions of this Act for his  extradition shall be deemed to be satisfied.

(7) Where pursuant to subsection (6), a person is committed to custody by order of the Court, the Minister shall, subject to the provisions of section 26, issue a warrant ordering the person to be returned to the requesting country. 

(8) Subject to subsection (9), no appeal shall lie from the decision of the court committing the person to custody under the provisions of subsection (7).

(9) Nothwithstanding subsection (8), an appeal may lie from the decision of the court where

  1. any person who is awaiting extradition from Saint Christopher and Nevis at the time of the coming into force of this Act, after having declared that he is willing to be extradited according to this Act, may, notwithstanding the other provisions of this Act, within fifteen (15) days from the date of the coming into force of this Act, file an application before the High Court to request the annulment of the said declaration and to request authorization to contest the request for extradition under this Act;
  2. an application is filed in terms of this section, all time limits provided for in this Act and relating to the particular extradition proceedings shall be suspended, until such time as the application is determined by the court, and after the court  accedes to the request the said time limits shall remain suspended until the record of the proceedings are received by the court of committal;
  3. the court shall accede to the request made in accordance with this proviso and order that the record of the proceedings be remitted to the court of committal within three (3) days so that the person whose extradition is being requested declares before the court of committal whether he is willing to be extradited, as if he is appearing before the court of committal for the first time;
  4. where the Court grants a request filed in terms of this section and until the record of the proceedings are remitted to the court of committal, the provisions of this section and any time limits applicable in respect of such person’s arrest or to the procedure for his extradition shall commence to apply and run anew as soon as the record of the proceedings are received by the court of committal.

21. Duty of court of committal to inform person committed of his rights.

Where a person is committed to custody, the court shall, inform him that he will not be returned until after the expiration of fifteen days from the date of its order of committal and that, he may appeal that decision to the High Court.

22. Custody.

(1) Any person remanded or committed for custody under this Act shall be committed to prison and shall be treated as a person awaiting trial.

(2) A person remanded pursuant to subsection (1), shall be deemed to be in legal custody from the moment that he or she is so remanded or committed until he is beyond the jurisdiction of the court of Saint Christopher and Nevis.

23. Appeal from order committing to custody.

(1) An appeal from an order committing a person to custody shall be made by an application to the High Court, containing an application for the reversal of the Court’s order, and shall be filed in the Court of committal not later than four working days from the date of the said order.

(2) The relevant officer of the court of committal shall, not later than the first next working day, transmit the application, together with the records of the case, to the Registrar of the High Court as the case may be and to the Attorney General.

(3) Notice of the day fixed for the hearing of the appeal shall be given by the Registrar of the High Court to the appellant and to the Attorney General on the condition that, except with the consent of both the appellant and the Attorney General, such hearing shall not take place before the lapse of two working days after the notice has been given.

(4) If the Court reverses the decision of the lower court, the Court may order that the appellant be discharged.

24. Appeal by Attorney General.

(1) Where the decision of the  Magistrate is such that the return of the person requested cannot take place, the court shall, within twenty-four hours, transmit to the Attorney General the records of the case together with a copy of its decision, and the Attorney General may, within three working days from the date of the receipt of such record, appeal to the High Court by an application, to be accompanied by the said record and by a copy of the decision of the court of committal, filed in the Registry of the High Court. 

(2) A copy of the application shall be served on the person whose return is requested.

(3) On any appeal under this section, the provisions of section 23 shall apply mutatis mutandis and where the High Court orders the committal to custody of the person whose return is requested, such order shall be treated, for all purposes other than an appeal therefrom, as an order committing such person to custody.

25. Powers of Court.

On an appeal made to the High Court, the Court may, without prejudice to any other jurisdiction, order the person committed to be discharged from custody if it appears to the Court that –

  1. by reason of the trivial nature of the offence of which he  is accused or was convicted; or
  2. by reason of the passage of time since he is alleged to have committed the offence or to have become unlawfully at large; or
  3. because the accusation against him is not made in good faith in the interest of justice,

it would, having regard to all the circumstances, be unjust or oppressive to return him.

26. Order of return to requesting country.

(1) Where a person is committed to await his return and is not discharged by order of the High Court or of any other competent court, the Minister may by warrant order him to be returned to the requesting country unless the return of that person is prohibited, or temporarily prohibited by section 17 or 18, or the Minister decides under this section or under section 15 to make no such order in his or her case.

(2) A person shall not be returned to any country under this Act 

  1. in any case, until the expiration of the period of fifteen days beginning with the day on which the order for his committal is made;
  2. if the person committed to custody is entitled to institute any proceedings, whether of appeal or otherwise, which may lead to the reversal, annulment or modification of the court’s order of committal, and the person committed has instituted such proceedings or, if there is established by law or there has been fixed by a court’s order or judgment a time-limit within which such proceedings are to be instituted, until the expiration of such time-limit;
  3. if any proceedings referred to in the last preceding paragraph have been instituted, until the conclusion of such proceedings and proceedings shall also be deemed to have been concluded if they have been withdrawn or abandoned.

         (d)    if the person committed to custody is accused or undergoing sentence as provided in

          section 18, until he or she has been discharged whether by acquittal or on the          expiration of his or her sentence or otherwise.

(3) The Minister may not make an Order under this section in the case of any person, if it appears to the Minister, on the grounds mentioned in section 25, that it would be unjust or oppressive to return that person or if he considers, on any such grounds as are mentioned in section 17, that the Order ought not be made.

(4) The Minister may decide to make no order for the time being under this section for the return of a person committed by the court in consequence of a request made by any country if another request for his or her return under this Act has been made by another country and it appears to the Minister, having regard to all the circumstances of the case and in particular

  1. the relative seriousness of the offence in question;
  2. the date on which each such request was made; and
  3. the nationality or citizenship of the person concerned and his ordinary residence,

that preference should be given to the other request.

(5) Notice of the issue of a warrant under this section shall forthwith be given to the person to be returned thereunder.

27. Evidence.

(1) In any proceedings under or for the purposes of this Act in respect of a person in custody thereunder –

  1. a document, duly authenticated, which purports to set out evidence given on oath in the requesting country shall be admissible as evidence of the matters stated therein;
  2. a document, duly authenticated, which purports to have been received in evidence, or to be a copy of a document so received, in any proceeding in any such country shall be admissible as evidence;
  3. a document, duly authenticated, which certifies that a person was convicted on a date specified in the document of an offence against the law of, or of part of, any such country shall be admissible as evidence of the fact and date of the conviction.

(2) A document shall be deemed to be duly authenticated for the purpose of this section –

  1. in the case of a document purporting to set out evidence given as aforesaid, if the document is certified by a judge or magistrate or notary public in or of that country to be the original document containing or recording that testimony or a true copy of that original document;
  2. in the case of a document that purports to have been received in evidence as aforesaid or to be a copy of a document so received, if the document purports to be certified as aforesaid to have been, or to be a true copy of a document which has been, so received;
  3. in the case of a document which certifies that a person was convicted as aforesaid, if the document is certified or authenticated either by the official  seal of a court or of a Minister in or of the requesting country.

(3) Notwithstanding the provisions of sub-sections (1) and (2) the Court may receive in evidence in proceedings under or for the purposes of this Act any document not authenticated in accordance with those provisions where the document is authenticated or deemed to be authenticated in accordance with other permissible forms of authentication for Saint Christopher and Nevis.

(4) In any proceedings under or for the purposes of this Act a document issued in the requesting country may also be received in evidence in proceedings under this Act if it is duly authenticated in the manner set out in subsection (5).

(5) A document shall be deemed to be duly authenticated if one of the following applies –

  1. it is signed by a judge, magistrate or notary republic of the requesting country; or
  2. it is certified, whether by seal or otherwise, by the Ministry, department or other authority responsible for justice or for foreign affairs of the requesting country; 

28. Handing over of property.

(1) The Minister may, through the Commissioner of Police, seize and hand over to the requesting country any property –

  1. which may be required as evidence in that country; or
  2. which has been acquired as a result of the offence and which, at the time of the arrest of the person whose return is requested, is found in the possession of such person or is discovered subsequently.

(2) The property referred to in sub-section (1) may be handed over to the requesting country even if extradition, having been agreed to, cannot be carried out owing to the death or escape of the person whose return is requested.

(3) When the said property is liable to seizure or confiscation in Saint Christopher and Nevis, the Minister may, in connection with proceedings that are pending or with proceedings about to be taken, confiscate and retain such property or hand it over to the requesting country on such conditions as may be prescribed for the property to be returned.

29. Discharge in case of delay in returning.

(1) If any person committed to await his return is in custody in Saint Christopher and Nevis under this Act after the expiration of the following period, that is to say –

  1. in any case, the period of two months beginning with the first day on which, having regard to section 26, he could have been returned;
  2. where a warrant for his return has been issued under section 26, the period of one month beginning with the day on which that warrant was issued,

he may apply to the High Court from the judgment of the Magistrate’s Court for his discharge.

(2) If upon any such application the court is satisfied that reasonable notice of the proposed application has been given to the Minister, the court may, by order direct the applicant to be discharged from custody, and, if a warrant for his return has been issued under the said section 26, quash that warrant.

30. Transit.

(1) The Commissioner of Police may authorize transit through Saint Christopher and Nevis of a person who is being surrendered to any country provided that the following information is furnished:

  1. the identity and nationality of the person against whom the request has been issued;
  2. the existence of a warrant for the arrest and surrender of that person;
  3. the nature and legal classification of any offence on which the warrant for the arrest and surrender of the requested person is based;
  4. the description of the circumstances of any offence, including the date and place of such offence:

(2) Notwithstanding subsection (1), transit may be refused if the person being surrendered is a citizen or national of Saint Christopher and Nevis and the surrender is being made for the purpose of execution of a sentence of imprisonment or another form of detention.

(3) The information in sub-section (1) may be transmitted to the Commissioner of Police by any means capable of producing a written record.

(4) When the transport of the surrendered person is to take place by air, it will only be necessary to provide the Commissioner of Police with the information required in sub-section (1) in the event that an unscheduled landing occurs.

(5) A person being conveyed through Saint Christopher and Nevis in the course of his extradition or removal as a convicted prisoner from one country to another shall be kept in custody during the period of transit.

PART VII

TREATMENT OF PERSONS RETURNED TO SAINT CHRISTOPHER AND NEVIS

31. Restrictions upon proceedings for other offences.

(1)  This section applies to any person accused or convicted of an offence under the law of Saint Christopher and Nevis who is returned to Saint Christopher and Nevis.

(2) A person to whom this section applies shall not, during the period described in sub-section (3), be dealt with in Saint Christopher and Nevis for or in respect of any offence committed before he was returned to Saint Christopher and Nevis other than –

  1. the offence in respect of which he was returned;
  2. any lesser offence proved by the facts proved for the purposes of securing his return; or
  3. any other offence in respect of which the country from which he is returned may consent to his being dealt with.

(3) The period referred to in sub-section (2) in relation to a person to whom this section applies is the period beginning with the date of his arrival in Saint Christopher and Nevis on his return as mentioned in sub-section (1) and ending forty-five days after the first subsequent day on which he had the opportunity to leave Saint Christopher and Nevis.

PART VIII

MISCELLANEOUS

32. Language of documents.

Any document which is to be produced in connection with a request for the return of a person according to the provisions of the Act shall be in the English language, and, when  such document is not in the English language, the Minister may ask for its translation into the English language.

33. Simplified Extradition.

(1) The Minister may, by Order, specify simplified conditions for extradition where

(a) he or she considers it in the public interest or in the interests of justice to do so;  

(b) where the offender waives formal extradition proceedings; or

(c) where a request for simplified extradition is submitted in writing to Saint Christopher and Nevis by a requesting country.

(2) The terms of the Order referred to in subsection (1), may include 

(a) allowing the direct transmission of requests for provisional arrests between appropriate authorities; or

(b) allowing the extradition of persons based only on warrants of arrests or judgments.

34. Removal of prisoners to and from other countries and enforcement of foreign punishments.

Where a treaty or arrangement has been made with any country with respect to the removal of a person serving a sentence of imprisonment in Saint Christopher and Nevis or in any such other country the Minister may make an order to give effect to such treaty or arrangement.

35.  Amendment of Schedules.

The Schedules may be amended by Order of the Minister.

36. Regulations.

The Minister may by regulations prescribe the form of any warrant or order to be issued or made under the provisions of this Act.

37. Transitional provisions.

Any arrangement with a foreign state applicable to Saint Christopher and Nevis under the provisions of the Acts of Parliament of the United Kingdom entitled the Extradition Acts 1870 to 1932, on the day immediately preceding the date of the commencement of this Act, shall, subject to the other provisions of this Act, continue so to apply until it is revoked.

38. Repeal.

     The Extradition Act, Cap 4.08 is repealed.

SCHEDULE

EXTRADITABLE OFFENCES

(sections 6, 9, 13)

  1. Murder of any degree. 
  2. Manslaughter or culpable homicide. 
  3. An offence against the law relating to abortion. 
  4. Maliciously or wilfully wounding or inflicting grievous bodily harm. 
  5. Illicit trafficking in drugs 
  6. Illicit trafficking in firearms
  7. Assault occasioning actual bodily harm.
  8. Rape. 
  9. Unlawful sexual intercourse with a female. 
  10. Indecent assault. 
  11. Procuring, or trafficking in, women or young persons for immoral purposes. 
  12. Bigamy. 
  13. Kidnapping, abduction or false imprisonment, or dealing in slaves. 
  14. Stealing, abandoning, exposing or unlawfully detaining a child. 
  15. Bribery. 
  16. Perjury or subornation of perjury or conspiring to defeat the course of justice.
  17. Arson or fire-raising.
  18. An offence concerning counterfeit currency. 
  19. An offence against the law relating to forgery. 
  20. Stealing, embezzlement, fraudulent conversion, fraudulent false accounting, obtaining property or credit by false pretences, receiving stolen property or any other offence in respect of property involving fraud. 
  21. Burglary, housebreaking or any similar offence. 
  22. Robbery. 
  23. Blackmail or extortion by means of threats or by abuse of authority. 
  24. An offence against bankruptcy law or company law. 
  25. Malicious or wilful damage to property. 
  26. Acts done with the intention of endangering vehicles, vessels or aircraft. 
  27. An offence against the law relating to dangerous drugs or narcotics. 
  28. Piracy. 
  29. Revolt against the authority of the master of a ship or the commander of an aircraft.
  30. Contravention of import or export prohibitions relating to precious stones, gold and other precious metals. 
  31. Any offence under the Hijacking Act, Cap. 4.13 and any attempt to commit such offence. 
  32. Money-Laundering.
  33. Terrorist Financing 
  34. Proliferation Financing of the weapons of mass destruction.

   SECOND SCHEDULE (section 10)

Countries/Territories having extradition treaties or arrangements with Saint Christopher and Nevis

Country/Territory Act Arrangement
United States of America Saint Kitts and Nevis and the United States of America Extradition Act  Cap 4.32 Extradition Treaty of the Government of Saint Kitts and Nevis and the Government of the United States of America done at Basseterre on 14th April, 1996
Republic of China (Taiwan) Saint Christopher and Nevis and the Republic of China on Taiwan Extradition Treaty Act Cap. 4.42 Extradition Treaty of the Government of Saint Christopher and Nevis and the Government of the Republic of China on Taiwan done at Basseterre on 18th August 2013

……………………………..

Lanein K. Blanchette

          Speaker

Passed by the National Assembly this                day of                             , 2025.

……..………………………………….

Trevlyn Stapleton

Clerk of the National Assembly