SCHEDULE
EXTRADITION TREATY BETWEEN THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE FEDERATIVE REPUBLIC OF BRAZIL
The Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Federative Republic of Brazil;
Desiring to make provision for the reciprocal extradition of offenders;
Have agreed as follows:
ARTICLE 1
Duty to Extradite
1. Each Contracting State undertakes to extradite to the other, in the circumstances and subject to the conditions specified in this Treaty, and each in accordance with the legal formalities in force in its own country, any person who, being accused or convicted of an extradition offence as described in Article 2, committed within the territory of the one state, is found within the territory of the other State.
2. Extradition shall also be available in respect of an extradition offence as described in Article 2 committed outside the territory of the Requesting State but in respect of which it has jurisdiction if the Requested State would, in corresponding circumstances, have jurisdiction over such an offence. In such circumstances the Requested State shall have regard to all the circumstances of the case including the seriousness of the offence.
3. In addition, extradition shall be available for an extradition offence as described in Article 2:
(a) if it is committed in a third State by a national of the Requesting State and the Requesting State bases its jurisdiction on the nationality of the offender; and
(b) if it occurred in the Requested State, it would be an offence under the law of that State punishable with imprisonment for at least twelve months or by a more severe penalty.
4. Extradition shall be available in respect of an extradition offence as described in Article 2, whether such offence was committed before or after the entry into force of this Treaty.
ARTICLE 2
Extradition Offences
1. This Treaty shall apply to offences which are punishable under the laws of both Contracting States by deprivation of liberty for at least one year or by a more severe penalty.
2. Where extradition is requested for the purpose of carrying out a sentence, a further requirement shall be that the punishment awarded must have been for a period of at least four months.
3. In this Article, “deprivation of liberty” includes deprivation of liberty by virtue of any order which has been made by a criminal court in addition to, or instead of, a prison sentence.
ARTICLE 3
Grounds for Refusal of Extradition
1. A person shall not be extradited if the appropriate authority in the Requested State is satisfied:
(a) that the offence for which his extradition is requested is an offence of a political character; or
(b) that it is an offence under military law which is not also an offence under the general criminal law; or
(c) that the request for extradition (though purporting to be made on account of an extradition offence as is specified in Article 2) has in fact been made for the purpose of prosecuting or punishing the person sought on account of his race, religion, nationality or political opinions; or
(d) that the person sought might, if extradited, be prejudiced at his trial or be punished, detained or restricted in his personal liberty, by reason of his race, religion, nationality or political opinions; or
(e) that it would, having regard to all the circumstances, be unjust or oppressive to extradite the person sought:
(i) by reason of the trivial nature of the offence of which he is accused or was convicted; or
(ii) in accordance with its laws, because of the passage of time since he is alleged to have committed it or to have become unlawfully at large, as the case may be; or
(iii) because the accusation against him has not been made in good faith in the interests of justice; or
(f) that, in the case of a request from the United Kingdom, a previous request based on the same facts has been made for the extradition of the person sought, and that request was denied.
2. A person shall not be extradited if he would, if proceeded against in the territory of the Requested State for the offence for which his extradition is requested, be entitled to be discharged under any rule of law of the Requested State relating to his previous acquittal or conviction.
3. If the Requested State does not extradite its own national on the grounds of his nationality, it shall at the request of the Requesting State submit the case to its competent authorities in order that proceedings may be taken if they are considered appropriate. For this purpose, the file, information and exhibits relating to the offence shall be transmitted without charge by the means provided for in Article 5. The Requesting State shall be informed of the result of its request.
ARTICLE 4
Capital Punishment
If under the law of the Requesting State the person sought is liable to the death penalty for the offence for which his extradition is requested, but the law of the Requested State does not provide for the death penalty in a similar case, extradition may be refused, unless the Requesting State gives such assurance as the Requested State considers sufficient that the death penalty will not be carried out.
ARTICLE 5
Extradition Procedures
1. Without prejudice to Article 6, the request for extradition shall be in writing and communicated through the diplomatic channel.
2. The request shall be accompanied by:
(a) particulars of the person sought...
