EXTRADITION ACT, 1960 (ACT 22).
As amended by
EXTRADITION ACT, 1960 (AMENDMENT)
DECREE, 1966 (NLCD 65)1
ARRANGEMENT OF SECTIONS
Section
PART I—EXTRADITION GENERALLY
Preliminary
1. Application of Part I.
2. Restrictions on surrender of
fugitive criminals.
Continuance of Existing Provisions
3. Application to Commonwealth and
other countries.
4. Discontinuance.
Surrender of Criminals
5. Liability of criminal to
surrender.
6. Liability of accessories to be
surrendered.
7. Order of Minister for issue of
warrant in Ghana if crime not of a
political character.
8. Issue of warrant by District
Magistrate.
9. Hearing of case and evidence
of political character of crime.
10. Committal or discharge of
prisoner.
11. Surrender of fugitive by
warrant of Minister.
12. Discharge of persons
apprehended if not conveyed out of
Ghana within two months.
13. Execution of warrant of
District Magistrate.
13A. Seizure and handing over of
property
Crimes Committed at Sea
14. Jurisdiction as to crimes
committed at sea.
General
15. Criminal surrendered by
another country not triable for
previous crimes etc.
PART II—RECIPROCAL BACKING OF
WARRANTS
16. Application of Part II.
17. Backing of warrant issued in
another country.
18. Return of prisoner apprehended
under backed warrant.
19. Provisional warrant.
20. Discharge of prisoner not
returned within one month.
21. Refusal to return prisoner
where offence too trivial.
22. Procedure.
23. Exclusion of political
offences.
PART III—MISCELLANEOUS PROVISIONS
Proof of Warrants, Depositions,
Etc.
24. Depositions to be evidence.
25. Authorisation of depositions
and warrants.
26. Power of country to obtain
evidence in Ghana.
27. Power of taking evidence in
Ghana for foreign criminal
matters.
28. Repeals.
29. Extradition crimes.
30. Definitions.
31. Commencement.
SCHEDULES
First Schedule—List of Crimes
Second Schedule—Repeals
THE TWENTY-SECOND
ACT
OF THE PARLIAMENT OF THE REPUBLIC
OF GHANA ENTITLED
THE EXTRADITION ACT, 1960
AN ACT to consolidate and amend
the law relating to extradition of
persons accused or convicted of
crimes committed within the
jurisdiction of other countries.
DATE OF ASSENT: 15th December,
1960
BE IT ENACTED by the President and
the National Assembly in this
present Parliament assembled as
follows:—
PART I—EXTRADITION GENERALLY
Preliminary
Section 1—Application of Part I.
(1) Where an arrangement has been
made with any country with respect
to the surrender to that country
of any fugitive criminals, the
President by legislative
instrument may order that this Act
shall apply in the case of that
country, subject to such
conditions, exceptions, and
qualifications as may be specified
in the order, and this Part shall
apply accordingly.
(2) An order under subsection (1)
shall recite or embody the terms
of the arrangement, and shall not
remain in force for any longer
period than the arrangement.
(3) Every order under this section
shall be laid before the National
Assembly.
Section 2—Restrictions on
Surrender of Fugitive Criminals.
(1) The restrictions contained in
the following provisions of this
section shall be observed with
respect to the surrender of
fugitive criminals.
(2) A fugitive criminal shall not
be surrendered if the offence in
respect of which his surrender is
requested is one of a political
character, or if it appears to the
Court or the National Liberation
Council that the requisition for
his surrender has in fact been
made with a view to try or punish
him for an offence of a political
character.
(3) A fugitive criminal shall not
be surrendered to any country
unless provision is made by the
law of that country or by
arrangement:—
(a) that the person claimed shall
not be proceeded against,
sentenced or detained with a view
to the carrying out of a sentence
or detention order, or otherwise
restricted in his personal
freedom, for any offence committed
prior to his surrender other than
that for which his surrender is
requested except in the following
cases—
(i)
with the consent of the Government
of Ghana; or
(ii) where that person having had
an opportunity to leave the
territory of that country, has not
done so within thirty days of his
final discharge in respect of the
offence for which he was
surrendered or has returned to the
territory of that country after
leaving it; and
(b) that where the description of
the offence charged in the
country requesting the surrender
of the fugitive criminal is
altered in the course of
proceedings, he shall only be
proceeded against or sentenced in
so far as the offence under its
new description is shown by its
constituent elements to be an
offence which would allow his
being surrendered to that country
by Ghana under this part of this
Act.
(4) A fugitive criminal who has
been accused of some offence
within the jurisdiction of Ghana,
not being the offence for which
his surrender is requested, or is
undergoing sentence under any
conviction in Ghana shall not be
surrendered until after he has
been discharged, whether by
acquittal or on expiration of his
sentence or otherwise.
(5) A fugitive criminal shall not
be surrendered until the
expiration of fifteen days from
the date of his being committed to
prison to await his surrender.
(6) Notwithstanding anything in
subsection (2) of this section,
the fact that the law of any
country requesting the surrender
of a fugitive criminal permits the
taking of measures necessary to
remove the person from its
territory or any measures
necessary under its law, including
proceedings by default, to prevent
any legal effects of lapse of time
shall not of itself prevent the
surrender of that person.[As
substituted by the Extradition
Act, 1960 (Amendment) Decree 1966
(NLCD 65), s.1]
Continuance of Existing
Provisions.
Section 3—Application to
Commonwealth and Other Countries.
(1) A country to which Part I of
the Fugitive Offenders Act, 1881
(which provided for the return of
fugitive offenders from
Commonwealth countries) applied
immediately before the
commencement of this Act, shall be
a country to which this Part
applies.
(2) A country with which an
arrangement, in force immediately
before the commencement of this
Act, was made under the
Extradition Acts, 1870 to 1932,
shall be a country to which this
Part applies.
(3) The President may by
legislative instrument declare, as
respects any country, that it is a
country to which, by virtue of
subsection (1), this Part applies
or that an arrangement to which
subsection (2) applies and which
is recited or embodied in the
declaration is in force and the
declaration shall be conclusive as
to the matters to which it
relates.
(4) The purpose of a declaration
under subsection (3) is to
facilitate the ascertainment of
the matters to which it relates
and the fact that a declaration
has not been made as respects any
country shall not affect the
question whether, by virtue of
subsection (1) or (2), this Part
applies to that country.
Section 4—Discontinuance.
If it appears to the President
that the law of a country to which
section 3 (1) of this Act applies
no longer contains reciprocal
provisions or that an arrangement
with any country referred to in
section 3 (2) is no longer in
force, the President by
legislative instrument may
discontinue the application of
this Part to that country.
Surrender of Criminals.
Section 5—Liability of Criminal to
Surrender.
Where this Part applies in the
case of any country, every
fugitive criminal of that country
who is in or suspected of being in
Ghana shall be liable to be
apprehended and surrendered in
manner provided by this Part,
whether the crime in respect of
which the surrender is sought was
committed before or after the
commencement of this Act or the
application of this Part to that
country, and whether there is or
is not any concurrent jurisdiction
in a Court of Ghana over that
crime.
Section 6—Liability of Accessories
to be Surrendered.
Every person who is accused or
convicted of having counselled,
procured, commanded, aided, or
abetted the commission of any
extradition crime, or of being
accessory before or after the fact
to any extradition crime, shall be
deemed for the purposes of this
Part to be accused or convicted of
having committed that crime, and
shall be liable to be apprehended
and surrendered accordingly.
Section 7—Order of Minister for
Issue of Warrant if Crime not of a
Political Character.
(1) A requisition for the
surrender of a fugitive criminal
of any country, who is in or
suspected of being in Ghana, shall
be made to the Minister by a
diplomatic representative or
consular officer of that country.
The Minister may by order signify
to a District Magistrate that a
requisition has been made, and
require him to issue his warrant
for the apprehension of the
fugitive criminal.
(2) If the Minister is of opinion
that the offence is one of a
political character, he may refuse
to make an order, and may also at
any time order a fugitive criminal
accused or convicted of the
offence to be discharged from
custody.
Section 8—Issue of Warrant by
District Magistrate.
(1) A warrant for the apprehension
of a fugitive criminal, whether
accused or convicted of crime, who
is in or suspected of being in
Ghana, may be issued by a District
Magistrate—
(a) on the receipt of the order of
the Minister, and on such evidence
as would in his opinion justify
the issue of the warrant if the
crime had been committed or the
criminal convicted in Ghana, or
(b) on such information or
complaint and such evidence or
after such proceedings as would in
the opinion of the Magistrate
issuing the warrant justify the
issue of a warrant if the crime
had been committed or the criminal
convicted in the district in which
he exercises jurisdiction.
(2) A Magistrate issuing a warrant
under this section without an
order from the Minister shall
forthwith send a report of the
fact of the issue, together with
the evidence and information or
complaint, or certified copies
thereof, to the Minister, who may
order the warrant to be cancelled,
and the person who has been
apprehended on the warrant to be
discharged.
(3) A fugitive criminal, when
apprehended on a warrant under
this section, shall be brought
before a District Magistrate
within the next twenty-four hours.
(4) A fugitive criminal
apprehended on a warrant issued
without the order of the Minister
shall be discharged by the
District Magistrate, unless the
District Magistrate, within such
reasonable time as, with reference
to the circumstances of the case,
he may fix, receives from the
Minister an order signifying that
a requisition has been made for
the surrender of the criminal.
Section 9—Hearing of Case and
Evidence of Political Character of
Crime.
(1) When a fugitive criminal is
brought before the District
Magistrate, the Magistrate shall
hear the case in the same manner,
and have the same jurisdiction and
powers, as nearly as may be, as he
has in the exercise of criminal
jurisdiction.
(2) The Magistrate shall receive
any evidence which may be tendered
to show that the crime of which
the prisoner is accused or alleged
to have been convicted is an
offence of a political character
or is not an extradition crime.
Section 10—Committal or Discharge
of Prisoner.
(1) In the case of a fugitive
criminal accused of an extradition
crime, if the foreign warrant
authorising the arrest of the
criminal is duly authenticated,
and such evidence is produced as
(subject to the provisions of this
Act) would, according to the law
of Ghana, justify the committal
for trial of the prisoner if the
crime of which he is accused had
been committed in Ghana the
District Magistrate shall commit
him to prison.
(2) In the case of a fugitive
criminal alleged to have been
convicted of an extradition crime,
if such evidence is produced as
(subject to the provisions of this
Act) would, according to the law
of Ghana, prove that the prisoner
was convicted of the crime, the
District Magistrate shall commit
him to prison.
(3) The order of the District
Magistrate under subsection (1) or
(2) shall be to commit the
fugitive criminal to prison to
await the warrant of the Minister
for his surrender, and the
Magistrate shall forthwith send to
the Minister a certificate of the
committal, and such report upon
the case as he may think fit.
(4) When the fugitive criminal is
committed to prison to await his
surrender, the committing
Magistrate, if of opinion that it
will be dangerous to the life or
prejudicial to the health of the
prisoner to remove him to prison,
may order him to be held in
custody at the place in which he
for the time being is, or any
other place named in the order to
which the Magistrate thinks he can
be removed without danger to his
life or prejudice to his health,
and while so held he shall be
deemed to be in legal custody, and
this Act shall apply to him as if
he were in the prison to which he
was committed.
(5) Where the District Magistrate
is not satisfied with the evidence
mentioned in subsection (1) or
(2), he shall order the prisoner
to be discharged.
Section 11—Surrender of Fugitive
by Warrant of Minister.
(1) If the District Magistrate
commits a fugitive criminal to
prison, he shall inform the
criminal that he will not be
surrendered until after the
expiration of fifteen days, and
that he has a right to apply for
an order of habeas corpus.
(2) Upon the expiration of fifteen
days, or, if an order of habeas
corpus is issued, after the
decision of the Court upon the
return to the order, as the case
may be, or after such further
period as may be allowed in either
case by the Minister, the Minister
may by warrant order the fugitive
criminal (if not delivered on the
decision of the Court) to be
surrendered to such person as is
in his opinion duly authorised to
receive the fugitive criminal by
the country from which the
requisition for the surrender
proceeded, and the fugitive
criminal shall be surrendered
accordingly.
(3) A person to whom the warrant
is directed, and the person so
authorised, may receive, hold in
custody and convey into the
jurisdiction of that country the
criminal mentioned in the warrant;
and if the criminal escapes out of
any custody to which he may be
delivered on or in pursuance of
the warrant, he may be retaken in
the same manner as any person
accused of any crime against the
laws of Ghana may be retaken upon
an escape.
Section 12—Discharge of Persons
Apprehended if not Conveyed Out of
Ghana Within Two Months.
If the fugitive criminal who has
been committed to prison is not
surrendered and conveyed out of
Ghana within two months after the
committal, or, if an order of
habeas corpus is issued, after the
decision of the Court upon the
return to the order, any Judge of
the High Court may, upon
application made to him by or on
behalf of the criminal, and upon
proof that reasonable notice of
the intention to make the
application has been given to the
Minister, order the criminal to be
discharged out of custody, unless
sufficient cause is shown to the
contrary.
Section 13—Execution of Warrant of
District Magistrate.
The warrant of the District
Magistrate issued in pursuance of
this Part may be executed in any
part of Ghana in the same manner
as if it had been originally
issued or subsequently endorsed by
a District Magistrate having
jurisdiction in the place where it
is executed.
Section 13A—Seizure and Handing
Over of Property.
(1) Any police officer executing a
warrant under section 8 of this
Act may seize and retain any
property—
(a) which appears to him to be
reasonably required as evidence
for the purpose of proving the
offence alleged, or
(b) which appears to him to have
been acquired as a result of the
alleged offence and which—
(i)
is found at the time of arrest in
the possession of the person
arrested under the warrant, or
(ii) is discovered subsequently.
(2) Subject to the provisions of
this section, any property seized
under subsection (1) of this
section shall, if a warrant is
issued by the National Liberation
Council under section 11 of this
Act for the surrender of the
person claimed, be handed over to
any person who appears to the
National Liberation Council to be
duly authorised by the country by
whom the surrender is requested to
receive it as soon as may be after
the issue of the warrant and the
said property shall be so handed
over notwithstanding that the
surrender in question cannot be
carried out by reason of the death
or escape of the person claimed.
(3) Any property so seized may, if
any criminal proceedings to which
the property relates are pending
in Ghana, be retained in Ghana in
accordance with law until the
conclusion of the said proceedings
or may, if the National Liberation
Council so directs, be handed over
on condition that the country
requesting the surrender shall
return the property.
(4) Nothing in this section shall
prejudice or derogate from any
rights that may lawfully have been
acquired by the Republic or any
person in Ghana in any property to
be handed over under this section
and where any such rights exist
the property shall not be handed
over except upon condition that
the requesting country shall
return it as soon as may be after
the trial of the person
surrendered and without charge to
the Republic or person having such
rights.[As inserted by the
Extradition Act, 1960 (Amendment)
Decree, 1966 (NLCD 65), s.2]
Crimes Committed at Sea
Section 14—Jurisdiction as to
Crimes Committed at Sea.
Where the crime in respect of
which the surrender of a fugitive
criminal is sought was committed
on board any vessel on the high
seas which comes into any port of
Ghana,—
(a) the criminal may be committed
to any prison to which the person
committing him has power to commit
persons accused of the like crime;
(b) if the fugitive criminal is
apprehended on a warrant issued
without the order of the Minister
he shall be brought within the
next twenty-four hours before the
District Magistrate who issued the
warrant or who has jurisdiction in
the port where the vessel lies, or
in the place nearest to that port.
General
Section 15—Criminal Surrendered by
Another Country not Triable for
Previous Crimes, Etc.
(1) This section applies to a
person who has been surrendered to
Ghana by another country upon a
request made by Ghana to that
country to surrender that person
for prosecution or punishment for
an offence.
(2) No person so surrendered shall
be proceeded against, sentenced or
imprisoned or otherwise restricted
in his personal freedom for any
offence committed prior to his
surrender other than that for
which he was surrendered, except
in the following cases—
(a) with the consent of the
Government of the country
surrendering him; or
(b) where that person having had
an opportunity to leave Ghana has
not done so within thirty days of
his final discharge in respect of
the offence for which he was
surrendered or has returned to
Ghana after leaving it.
(3) Where the description of the
offence is altered in the course
of proceedings, the person
surrendered shall only be
proceeded against or sentenced in
so far as the offence under its
new description is shown by its
constituent elements to be an
offence for which he would be
liable to be surrendered to
Ghana.[As substituted by the
Extradition Act, 1960 (Amendment)
Decree, 1966 (NLCD 65), s.3]
PART II—RECIPROCAL BACKING OF
WARRANTS
Section 16—Application of Part II.
This Part shall apply to any
country in respect of which the
President, having regard to
reciprocal provisions under the
law of that country, by
legislative instrument so orders
and subject to such conditions,
exceptions and qualifications as
may be specified in the order.
Section 17—Backing of Warrant
Issued in Another Country.
(1) Where in a country to which
this Part applies a warrant has
been issued for the apprehension
of a person accused of an offence
punishable by law in that country
and he is or is suspected of being
in or on the way to Ghana, a
District Magistrate, if satisfied
that the warrant was issued by a
person having lawful authority to
issue it, may, subject to sections
22 and 23 of this Act, endorse the
warrant in accordance with
subsection (3), and the warrant so
endorsed shall be a sufficient
authority to apprehend, within the
jurisdiction of the endorsing
Magistrate, the person named in
the warrant, and bring him before
the endorsing Magistrate or some
other District Magistrate.
(2) This Part applies whatever the
date of the warrant and whether
the offence is alleged to have
been committed before or after the
commencement of this Act or the
application of this Part to that
country.
(3) An endorsement of a warrant
shall be signed by the District
Magistrate and shall authorise all
or any of the persons named in the
endorsement, and of the persons to
whom the warrant was originally
directed, and every police
officer, to execute the warrant by
apprehending the person named in
it and bringing him before that
Magistrate or any other District
Magistrate.
Section 18—Return of Prisoner
Apprehended Under Backed Warrant.
(1) The District Magistrate before
whom a person so apprehended is
brought, if he is satisfied that
the warrant is duly authenticated
as directed by this Act and was
issued by a person having lawful
authority to issue it, and is
satisfied on oath that the
prisoner is the person named or
otherwise described in the
warrant, may, subject to section
23 of this Act, order the prisoner
to be returned to the country in
which the warrant was issued, and
for that purpose to be delivered
into the custody of the persons to
whom the warrant is directed, or
any one or more of them, and to be
held in custody and conveyed into
that country.
(2) A person to whom the warrant
is directed, and the person so
authorised, may receive, hold in
custody and convey into the
jurisdiction of that country the
prisoner mentioned in the warrant;
and if he escapes out of any
custody to which he may be
delivered on or in pursuance of
the warrant, he may be retaken in
the same manner as any person
accused of any crime against the
laws of Ghana may be retaken upon
an escape.
(3) A District Magistrate shall,
so far as is requisite for the
exercise of the powers of this
section, have the same power,
including the power to remand and
admit to bail a prisoner, as he
has in the case of a person
apprehended under a warrant issued
by him.
Section 19—Provisional Warrant.
(1) A District Magistrate, before
the endorsement in pursuance of
this Part of a warrant for the
apprehension of any person, may
issue a provisional warrant for
his apprehension, on such
information and under such
circumstances as would in his
opinion justify the issue of a
warrant if the offence of which
that person is accused were an
offence punishable by the law of
Ghana, and had been committed
within his jurisdiction, and the
warrant may be backed and executed
accordingly.
(2) A person arrested under a
provisional warrant shall be
discharged unless the original
warrant is produced and endorsed
within such time as the District
Magistrate thinks reasonable in
the circumstances.
Section 20—Discharge of Prisoner
not Returned Within One Month.
(1) If a prisoner whose return is
authorised in pursuance of this
Part is not conveyed out of Ghana
within one month after the date of
the warrant ordering his return, a
District Magistrate, upon
application by or on behalf of the
prisoner, and upon proof that
reasonable notice of the intention
to make the application has been
given to the person holding the
warrant and to the Commissioner of
Police or chief officer of the
police of the Region or town where
the prisoner is in custody, may,
unless sufficient cause is shown
to the contrary, order the
prisoner to be discharged out of
custody.
(2) Any order or refusal to make
an order of discharge under this
section shall be subject to
appeal.
Section 21—Refusal to Return
Prisoner Where Offence too
Trivial.
(1) Where the return of a prisoner
is sought or ordered under this
Part, and it appears to a District
Magistrate that by reason of the
trivial nature of the case, or by
reason of the application for the
return of the prisoner not being
made in good faith in the
interests of justice or otherwise,
it would, having regard to the
distance, to the facilities of
communication, and to all the
circumstances of the case, be
unjust or oppressive, or too
severe a punishment, to return the
prisoner either at all or until
the expiration of a certain
period, the Magistrate may
discharge the prisoner either
absolutely or on bail, or order
that he shall not be returned
until after the expiration of the
period named in the order, or may
make such other order in the
matter as the Magistrate thinks
proper.
(2) Any order or refusal to make
an order of discharge under this
section shall be subject to
appeal.
Section 22—Procedure.
A
requisition for the endorsement of
a warrant under this Part shall be
made in the first instance by a
diplomatic representative,
consular officer or other
appropriate authority of the
country concerned to the Minister
who may transmit it to a District
Magistrate to proceed in
accordance with this Part.
Section 23—Exclusion of Political
Offences.
The Minister shall not transmit a
requisition under section 22 of
this Act and a warrant shall not
be endorsed under this Part for
the apprehension of any person if
the offence is one of a political
character or it appears to the
Minister or a Court that the
requisition has in fact been made
with a view to try or punish him
for an offence of a political
character.
PART III—MISCELLANEOUS PROVISIONS
Proof of Warrants, Depositions,
Etc.
Section 24—Depositions to be
Evidence.
Depositions or statements on oath
or affirmations taken in the
country concerned and copies of
the original depositions or
statements or affirmations and
foreign certificates of or
judicial documents stating the
fact of conviction, may, if duly
authenticated, be received in
evidence in proceedings under this
Act.
Section 25—Authorisation of
Depositions and Warrants.
Warrants and depositions or
statements on oath or affirmations
and copies thereof, and
certificates of or judicial
documents stating the fact of a
conviction, shall be deemed duly
authenticated for the purposes of
this Act if authenticated in
manner provided for the time being
by law or—
(a) if the warrant purports to be
signed by a Judge, Magistrate, or
officer of the country where it
was issued;
(b) if the depositions or
statements or affirmations or the
copies thereof purport to be
certified under the hand of a
Judge, Magistrate, or officer of
the country where they were taken
to be the original depositions or
statements, or to be true copies
thereof, as the case may require;
and
(c) if the certificate of our
judicial document stating the fact
of conviction purports to be
certified by a Judge, Magistrate,
or officer of the country where
the conviction took place; and
if in every case the warrants,
depositions, statements,
affirmations, copies, certificates
and judicial documents (as the
case may be) are authenticated by
the oath of some witness or by
being sealed with the official
seal of the Minister of Justice or
some other Minister of state: and
all Courts and Magistrates shall
take judicial notice of the
official seal, and shall admit the
documents so authenticated by it
to be received in evidence without
further proof.
Taking of Evidence for Foreign
Trials.
Section 26—Power of Country to
Obtain Evidence in Ghana.
(1) The testimony of any witness
may be obtained in relation to any
criminal matter pending in any
Court or tribunal in another
country in like manner as it may
be obtained in relation to any
civil matter under any rules of
court or any enactment for the
time being in force for the taking
of evidence in Ghana in relation
to civil and commercial matters
pending before foreign tribunals.
(2) Nothing in this section shall
apply in the case of any criminal
matter of a political character.
Section 27—Power of Taking
Evidence in Ghana for Foreign
Criminal Matters.
(1) The Minister may by order
require a District Magistrate to
take evidence for the purposes of
any criminal matter pending in any
Court or tribunal in any other
country; and the Magistrate, upon
the receipt of the order, shall
take down in writing the evidence
of every witness appearing before
him for the purpose and shall
certify at the foot of the
deposition so taken that the
evidence was taken before him, and
shall transmit it to the Minister.
(2) The evidence may be taken in
the presence or absence of the
person charged, if any, and the
fact of the presence or absence
shall be stated in the deposition.
(3) Any person may, after payment
or tender to him of a reasonable
sum for his costs and expenses in
this behalf, be compelled, for the
purposes of this section, to
attend and give evidence and
answer questions and produce
documents in like manner and
subject to the like conditions as
he may in the case of a trial for
an offence.
Supplementary
Section 28—Repeals.
The enactments referred to in the
Second Schedule to this Act are
hereby repealed.
Section 29—Extradition Crimes.
(1) In this Act, "extradition
crime" means a crime which, if
committed within the jurisdiction
of Ghana, would be an indictable
offence described in the First
Schedule to this Act.
(2) The President may by
legislative instrument amend the
said Schedule by the insertion of
further offences, the deletion of
any offence or the alteration of
the description of any offence.
Section 30—Definitions.
In this Act, except where the
contrary intention appears—
"conviction and convicted" do not
include or refer to a conviction
which under foreign law is a
conviction for contumacy, that is,
a judgment given in default of
appearance, the accused having the
right to have it set aside and the
case re-tried in his presence, but
the term "accused person" includes
a person, so convicted for
contumacy;
"detention order'' in relation to
a country other than Ghana, means
any order involving deprivation of
liberty which has been made by a
criminal court in that country in
addition to or instead of a prison
sentence.[As Inserted by the
Extradition Act, 1960 (Amendment)
Decree, 1966 (NLCD 65), s.4]
"fugitive criminal" means any
person accused or convicted of an
extradition crime committed within
the jurisdiction of any other
country who is in or is suspected
of being in Ghana;
"the Minister" means the Minister
to whom functions under this Act
are for the time being assigned by
the President;
"warrant" in the case of any
country, includes any judicial
document authorising the arrest of
a person accused or convicted of
crime.
Section 31—Commencement.
This Act shall come into operation
on such day as the President by
legislative instrument may order.
SCHEDULES
FIRST SCHEDULE—EXTRADITION CRIMES
Section 15, 29.
Criminal Homicide and Similar
Offences.
An offence under sections 46, 48,
49 or 50 of the Criminal Code.
Abduction, Rape and Similar
Offences.
An offence under sections 89, 91,
93, 97, 101 to 108, or 273 to 275
of the Criminal Code, or an
attempt to commit any such
offence.
Misappropriations, Fraud and
Similar Offences.
An offence under Chapter 1 of Part
III of the Criminal Code.
Forgery and Similar Offences.
An offence under section 158, 159
or 169 of the Criminal Code
Damage to Property and Similar
Offences.
An offence under Chapter 3 of Part
III of the Criminal Code.
Piracy and Similar Offences.
An offence under section 193 of
the Criminal Code.
Perjury and Similar Offences.
An offence under section 210 or
213 of the Criminal Code.
Slave Dealings.
An offence under section 314 of
the Criminal Code.
Dangerous Drugs.
An offence under the Drugs
Ordinance (Cap. 73).
Falsification of Currency and
Similar Offences.
An offence under the Currency Act,
1960 (Act 17).
SECOND SCHEDULE—REPEALS
United Kingdom Statutes.
Extradition Act, 1870. (33 and 34
Vict. c. 52)
Extradition Act, 1873. (36 and 37
Vict. c. 60)
Fugitive Offenders Act, 1881. (44
and 45 Vict. c. 69)
Extradition Act, 1906. (6 Ed. 7,
c. 15)
Extradition Act, 1932. (22 and 23
Geo. 5. c. 39)
Statutes of Ghana.
Extradition (Southern Ghana)
Ordinance (Cap. 12)
Extradition Act, 1959 (No. 56).
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