← belizelaw.ai · Mutual Legal Assistance And, Cap. 103:04 · PART II — General Provisions

Transfer of persons in custody

Cap. 103:04, s. 23 · Revised Edition 2020

(1) Subject to the provisions of this section, the central authority may, in response to a request, authorise the transfer of a person in custody in Belize to the territory of the requesting State under such terms and conditions as he may deem appropriate. 28 (2) The provisions of section 16, with the exception of subsection (2), shall apply, with the necessary modifications, to a transfer of a person in custody in Belize to the territory of the requesting State under this section. (3) No warrant shall be issued pursuant to section 16 for the purposes of this section in respect of a person in custody unless– (a) the person has consented, in writing, to being transferred in accordance with the request referred to in sub–section (1) and the consent has been communicated to the central authority and to the requesting State; (b) the central authority has consented to the transfer in writing and has communicated his consent to the person in custody and to the requesting State; and (c) the requesting State has communicated its acceptance and observance of the terms and conditions of the transfer to the central authority and to the person in custody. (4) For the purposes of sub–section (3)(a), consent may be given either– (a) by the person in custody himself; or (b) in circumstances in which it appears to the central authority inappropriate, by reason of the physical or mental condition or youth of such person in custody, for him to act for himself, by a person appearing to the central authority to be an appropriate person to act on his behalf, International Co-operation Act [CAP. 103:04 29 but a consent once given is not capable of being withdrawn after the issue of the warrant.
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