Govt. to tweak Extradition Laws to allow for wider range of evidence

May 17, 2024 News

Attorney General, Anil Nandlall S.C.

Kaieteur News – The Government of Guyana will move forward with amendments to the Fugitive Offenders Law to broaden the admissibility of evidence in extradition proceedings when the House meets today.

The proposed changes aim to allow for a wider array of evidence, including records of the case, to be considered during extradition hearings. These adjustments, detailed in an accompanying Explanatory Memorandum, seek to expand the scope of admissible documents and outline procedural requirements for their acceptance.

Once approved, the amendments will introduce a new provision to the existing laws, enabling the inclusion of records of evidence that would otherwise not be admissible. Importantly, these modifications will not restrict the evidence that can be presented in extradition hearings.

In Guyana, extradition procedures are governed by the Fugitive Offenders Act, Chapter 10:04 of the Laws of Guyana. The extradition request is typically initiated by the Central Authority of the Requesting State and submitted to the Minister of Home Affairs in Guyana through the Ministry of Foreign Affairs. Following receipt of the request, Guyana’s Central Authority acknowledges its receipt and forwards the necessary documents to the Director of Public Prosecutions (DPP) for the commencement of extradition proceedings.

The DPP’s office, in collaboration with relevant ministries, assesses the extradition request within a week to determine its legality and compatibility with extradition treaties. If deemed appropriate, extradition proceedings are initiated in the Magistrates’ Court, culminating in a trial where evidence is presented. If the court finds sufficient evidence, the Minister of Home Affairs will then authorise the extradition of the individual to the Requesting Country. Other bits of legislation up for a debate and vote include the Sea and River Defence Bill, aimed at repealing and replacing the existing legislation on sea and river defence.

This, in order to make provision for protection from inundation from the sea or rivers and to provide for the establishment, construction and maintenance of sea and river defences, natural defences and to provide for related matters. Additionally, through Attorney General, Anil Nandlall government will also be looking to debate and vote on an Arbitration Bill, to facilitate domestic and international arbitrations by encouraging the use of arbitration as a method of resolving disputes; and for connected purposes. These in addition to amendments to the Criminal Procedures (Paper Committal) Bill, in order to “to provide for the abolition of preliminary inquiries; to provide for the procedure in respect of paper committal proceedings in criminal matters; and for matters connected thereto.”

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amendments, Anil Nandlall S.C, Attorney General, broaden, Fugitive Offenders Law

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