a notification in the Gazette under section 4 of the Extradition Act (Cap. 103) may be made applying that Act in relation to that country as if the treaty provided for the matter referred to in paragraph (b).
(7) Where a notification referred to in subsection (6) is made, any limitation, condition, exception or qualification specified in any other notification made under section 4 of the Extradition Act in relation to that country shall, to the extent that it prevents the relevant offence from being considered an extradition crime in relation to that country, be disregarded in the application of that Act in relation to that country.
(8) For the purposes of the Extradition Act—
- (a) any act, wherever committed, which is a relevant offence of a Convention country which is a declared Commonwealth country, or which is a relevant offence of a Convention country which is not a declared Commonwealth country in the case of which the Extradition Act has been applied by a notification in the Gazette made under section 4 of that Act, shall be deemed to be an offence within the jurisdiction of that country; and
- (b) any such offence shall be deemed not to be an offence of a political character.
(9) In this section—
- "declared Commonwealth country" has the meaning given to that expression in the Extradition Act;
- "relevant offence", in relation to a Convention country, means an offence against the law of that country where the act or omission constituting the offence or the equivalent act or omission—
- (a) would constitute an offence against an internationally protected person; or
- (b) would be such an offence if the description concerned contained a reference to any intent or state of mind on the part of the person committing the offence, or to any circumstance of aggravation, necessary to constitute the offence.
No prosecution without Public Prosecutor’s consent
12. A prosecution under this Act shall not be instituted except by or with the consent of the Public Prosecutor.
