Fugitive Offenders Amendment Bill 2025

Part 1: Introduction and Scope

The Extradition Act of 2025 of Saint Christopher and Nevis establishes the legal framework for extraditing individuals accused or convicted of offenses to and from other countries. The Act defines key terms such as "arrangement," encompassing treaties and agreements related to fugitive criminals; "extraditable offense," referring to offenses punishable by at least one year imprisonment or listed in the First Schedule; and "fugitive criminal," denoting a person accused or convicted of an extraditable offense in a foreign jurisdiction and present in Saint Christopher and Nevis. The Act’s jurisdiction extends to the country’s exclusive economic zone and territorial waters, treating artificial islands and installations within these areas as if they were located within Saint Christopher and Nevis. The Act clarifies that a person convicted in absentia is considered accused, military offenses are excluded, and any part of a country, including vessels and aircraft, falls under its jurisdiction.

Part 2: Extradition within CARICOM

This part outlines the procedures for returning offenders to CARICOM countries. Individuals present in Saint Christopher and Nevis accused or convicted of extraditable offenses in a CARICOM country can be arrested and returned following the provisions of the Extradition Act, the CARICOM Arrest Warrant Treaty (2018), the Fugitive Offenders Act, or the Extradition (Eastern Caribbean States) Order. The definition of "CARICOM countries" includes those specified in the mentioned treaties and orders. Extraditable offenses in this context encompass those defined in the relevant legal instruments and the First Schedule, including attempts and complicity in such offenses.

Part 3: Extradition to Commonwealth Countries

This section addresses extradition to the United Kingdom, its dependencies, and designated Commonwealth countries. Similar to the previous part, individuals accused or convicted of extraditable offenses can be arrested and returned. The UK Extradition Act (1870-1932) applies where consistent with Saint Kitts and Nevis law. The Minister of Justice has the authority to designate Commonwealth countries for extradition and modify the Act’s application to these countries through Orders. Extraditable offenses concerning these countries are determined based on whether the offense is listed in the First Schedule, is punishable by at least one year imprisonment in the requesting country, and would constitute an offense in Saint Christopher and Nevis. Similar to Part 2, the First Schedule offenses include attempts, complicity, and are unaffected by aggravating or mitigating circumstances.

Part 4: Extradition based on Existing Treaties and Arrangements

This concise part specifies that extradition can occur with countries listed in the Second Schedule, which includes countries with pre-existing extradition treaties or arrangements with Saint Christopher and Nevis. At the time of drafting, the Second Schedule lists the United States of America and the Republic of China (Taiwan).

Part 5: Extradition to Other Foreign Countries

This section addresses extradition to designated foreign countries beyond the CARICOM and Commonwealth realms. The Minister can designate any country with which a treaty or arrangement exists for returning fugitive criminals. The Minister can also modify the Act’s application through Orders, subject to Cabinet consultation. Similar to extraditions with Commonwealth countries, extraditable offenses in this context require fulfilling the criteria of being listed in the First Schedule, punishable by at least one year imprisonment in the requesting country, and constituting an offense in Saint Christopher and Nevis. The description of the offense is less critical if the offenses in both countries are substantially similar in nature. As in previous parts, the First Schedule offenses include attempts, complicity, and are irrespective of aggravating or mitigating circumstances.

Part 6: General Extradition Provisions

This part provides general rules applicable to all extradition requests, particularly where existing treaties or arrangements are silent on specific matters. The Minister has the power to prevent extradition, especially in cases where the sentence is less than four months, if the requesting country hasn’t assured a new trial for in absentia convictions, if the offense is time-barred, or if Saint Christopher and Nevis is obligated not to extradite due to prior return from another country, existing amnesties, or the individual’s Saint Christopher and Nevis citizenship. A request for extradition requires an "authority to proceed" from the Minister, which will be granted following a written request that includes the arrest warrant (or conviction certificate and sentence details), the individual’s details, details of the offense and applicable law, and sufficient evidence to justify arrest. Extradition is prohibited if the offense is political, if the request is motivated by discriminatory factors like race or political opinion, or if the individual might face prejudice based on such factors upon return. A person cannot be extradited for an offense for which they could be acquitted in Saint Christopher and Nevis due to double jeopardy. They also cannot be extradited unless the requesting country ensures they won’t be prosecuted for pre-return offenses other than the specified offense, any lesser included offense, or other extraditable offenses with the Minister’s consent (and an opportunity to return to Saint Christopher and Nevis). Offenses against a head of state are not automatically considered political. Extradition is delayed if the individual is facing charges or serving a sentence in Saint Christopher and Nevis, unless alternative arrangements are made. The Act specifies procedures for arrests, including provisional warrants, and subsequent court proceedings, including the right of the accused to consent to extradition. Appeals processes to the High Court are detailed, and the Act includes provisions for dealing with property seized in relation to the offense, transit of individuals being extradited through Saint Christopher and Nevis, the treatment of persons returned to Saint Christopher and Nevis (including restrictions on subsequent prosecutions), language requirements for documents, simplified extradition procedures, removal of prisoners under treaties or arrangements, and transitional provisions. The Extradition Act is repealed, and schedules listing extraditable offenses and countries with existing treaties are included.