Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
Section D. Political offence exception to extradition
Sierra Leone’s Extradition Act (1974) states:
PART II—SPECIAL PROVISIONS TO COMMONWEALTH COUNTRIES
15. Circumstances precluding return.
(1) … [E]xtradition shall not be granted if in the circumstances of the particular case it appears to the Attorney-General that –
a. the offence is an offence of a political character;
PART III—SPECIAL PROVISIONS APPLYING TO THE REPUBLIC OF GUINEA
22. In the case of the Republic of Guinea and such other countries as may from time to time be listed in the Second Schedule the provisions of Part I shall apply subject to the following conditions, limitations and modifications –
a. in any case where extradition is requested for a non-political crime it shall not be granted unless –
i. the crime was committed in the Republic of Guinea; and
ii. the fugitive criminal has not been, and is not liable to be, punished in Sierra Leone for that crime, and
b. in all cases, extradition shall be granted only in respect of a crime which (due regard being had to differences between the legal systems of the respective countries) corresponds to a crime punishable under the criminal law of Sierra Leone. …
PART IV—SPECIAL CONDITIONS APPLYING TO THE COUNTRIES LISTED IN THE THIRD SCHEDULE
23. Special conditions applying to countries listed in the Third Schedule.
In the case of the countries listed in the Third Schedule the provisions of Part I shall apply subject to the following conditions, limitations and modifications –
b. extradition shall not be granted for any offence which appears to the Attorney-General to be of a political character.