12.
| (1) Where a person is committed to await his extradition and is not discharged by order of the Supreme Court, the Minister may by warrant order him to be extradited to the country or State by which the request for his extradition was made unless the extradition of that person is prohibited, or prohibited for the time being, by section 7, or the Minister decides under this section to make no such order in his case. |
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| (2) The Minister shall not make an order under this section in the case of a person who is serving a sentence of imprisonment, or is charged with an offence, in Sri Lanka until after the expiration of the following period, that is to say,-
| | (a) in the case of a person serving such a sentence, until the sentence has been served; and | | |
| | (b) in the case of a person charged with an offence, until the charge is disposed of or withdrawn and, if it results in a sentence of imprisonment not being a suspended sentence, until the sentence has been served. | | |
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| (3) The Minister may make no order under this section in the case of any person if it appears to the Minister on any ground set out in paragraph (a) of paragraph (b) or paragraph (c) of subsection (3) of section 11, that it would be unjust or oppressive to extradite that person. |
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| (4) The Minister may make no order under this section in respect of a person who is accused or convicted of an extraditable offence which is not punish able with death in Sri Lanka, if that person could be or has been, sentenced to death for that offence in the country or State by which the request for his extradition is made. |
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| (5) The Minister may make no order under this section for the extradition of a person committed in consequence of a request made by or on behalf of designated Commonwealth country or treaty Stated if another request for his extradition under this Law has been made by or on behalf of another designate Commonwealth country or treaty State and it appear to the Minister, having regard to all the circumstance of the case, and in particular-
| | (a) the relative seriousness of the offences in question; | | |
| | (b) the date on which each such request was made; and | | |
| | (c) the nationality or citizenship of the person concerned and his ordinary residence, | | |
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| (6) Notice of the Issue of a warrant under this section shall forthwith be given to the person to be extradited thereunder. |
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Sri Lanka Consolidated Acts