Section 8: Extradition
consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
8. Extradition
(1) The offence described in section 4 shall be deemed to be an extraditable offence under the Extradition Act, and the provisions of that Act shall
apply to, and in relation to, extradition in respect of that offence.
(2) Where there is, on the date on which this Act comes into operation,
an extradition arrangement in force between the Republic of Mauritius and a
Convention State, such arrangement shall, for the purposes of the Extradition Act, be deemed to include provision for extradition in respect of the offence described in section 4.
(3) Where there is no extradition arrangement between the Republic of
Mauritius and a Convention State, the Minister of Foreign Affairs may, by
Order published in the Gazette, treat the Convention, for the purposes of the
Extradition Act, as an extradition arrangement between the Republic of Mauritius and such Convention State providing for extradition in respect of the
offence described in section 4.
(4) Where the Republic of Mauritius accedes to a request by a Convention State for the extradition of a person accused of the offence specified in
section 4, the act constituting such offence shall, for the purposes of the
Extradition Act, be deemed to have been committed not only in the place
where it was committed but also within the jurisdiction of the requesting
Convention State.
(5) Notwithstanding anything in the Extradition Act, an offence described
in section 4 shall, for the purposes of that Act, be deemed not to be a fiscal
offence or an offence of a political character or an offence connected with a
political offence or an offence inspired by political motives, for the purpose
only of the extradition of a person accused of any such offence as between
the Republic of Mauritius and a Convention State.
(6) For the purposes of this section, “Convention State” means such
State as the Minister responsible for foreign affairs may certify to be a State
party to the Convention.