- Assented to on 2 April 1968
- Commenced on 13 April 1972
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Extradition Act.
Part II – Arrangements for surrender of fugitive offenders
3. Extradition arrangements
4. Surrender of fugitive offendersSubject to the provisions of this Act, any fugitive offender from a designated country may be arrested, detained and surrendered to such country in the manner provided by this Act, whether or not the relevant offence in respect of which his extradition is sought was committed before or after the commencement of this Act.
5. Relevant offences
6. General restrictions on surrenderA fugitive offender shall not be surrendered under this Act to a designated country, or committed to or kept in custody for the purposes of such surrender, if it appears to the Minister, to the court of committal, or to the High Court or the Supreme Court of Appeal on an application for directions in the nature of habeas corpus or for the review of the order of committal—(a)that the offence of which the fugitive offender is accused or was convicted is an offence of a political character;(b)that the request for his surrender (though purporting to be made on account of a relevant offence) is in fact made for the purpose of prosecuting or punishing him on account of his race, religion, nationality or political opinions;(c)that he might, if surrendered, be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality or political opinions.
Part III – Proceedings for surrender
7. Authority to proceed
8. Issue of warrant of arrest
9. Proceedings for committal
10. Habeas corpus etc
11. Order for surrender to requesting country
12. Discharge in case of delay in surrendering
Part IV – Reciprocal backing of warrants
15. Application of this PartWhere the Minister is satisfied that reciprocal provision has been or will be made by or under the law of any designated country for the backing of warrants issued in Malawi and their execution in that country and that it is appropriate to do so, he may, by order, declare that this Part shall apply in the case of that country subject to such conditions, exceptions, adaptations or modifications as may be specified in the order and thereupon the provisions of this Part shall apply accordingly in relation to fugitive offenders from that country notwithstanding anything to the contrary in Part III.
16. Backing of warrant issued in another country
17. Provisional warrant
18. Surrender of prisoner
19. Review etc.
20. Discharge of fugitive offenderWhere a fugitive offender, ordered to be surrendered under this Part is not conveyed out of Malawi within one month of the date of the order or, if proceedings are commenced under section 10, within one month of the first day on which, having regard to the provisions of section 10 he could be surrendered, a court may—
Part V – Fugitive offenders surrendered to Malawi
21. Trial of fugitive offender surrendered to MalawiWhere in pursuance of an agreement under this Act, a fugitive offender is surrendered by a designated country to Malawi, the offender shall not, until he has been restored or had an opportunity of returning to that country, be dealt with in Malawi for and in respect of an offence committed before his surrender other than—
22. Sending back of person not prosecuted within six months or acquittedWhere a person surrendered to Malawi in pursuance of an arrangement made or deemed to be made under section 3, either is not prosecuted for the offence in respect of which he has been so surrendered within six months after his arrival in Malawi or is acquitted of that offence, then the Minister may, if he thinks fit, on the request of such person cause him to be returned to the country from which he was surrendered free of cost and with as little delay as possible.
Part VI – General
23. Escape by fugitive offenderWhere a person, in custody under the provisions of this Act by breach of prison or otherwise, from such custody he may be retaken in the same manner, and shall be subject to the same penalties, as in the case of a person accused of a like offence in Malawi.
24. Search warrantsWhere a warrant is issued or endorsed under this Act for the arrest of any fugitive offender accused of an offence of theft or receipt of stolen property, or any other offence in respect of property a court shall have the like power to issue a warrant to search for the property as if the offence had been committed within the jurisdiction of the court.
25. Handing over of property
26. Rules and rules of courts
History of this document
31 December 2014 this version
13 April 1972
02 April 1968
|Extradition (Designated Countries) (Amendment) Order, 2017||Government Notice 17 of 2017|