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form addressed to the DPP and sends the letter and
the documents received from the Requesting State to
the DPP;
(c) The DPP prepares a draft of the document known as
an “Authority to Proceed” and forwards it to the
Attorney-General, assuming that the GoJ is going to
proceed with the extradition.
3.12.
On the morning of 26 August 2009, Ms. Lightbourne received a
Diplomatic Note containing the Request for Extradition and the several
supporting documents duly authenticated. On the same day, an approved
document “Authority to Proceed” was sent to her.
THE RELEVANT LEGISLATION
3.13.
It is convenient to refer here to the statutory provisions which
relate to the “Authority to Proceed”. Under Part III of the Extradition Act, it is
provided as follows in section 8(1):
“8(1) Subject to the provisions of this Act relating to
provisional warrants, a person shall not be dealt with under
this Act except in pursuance of an order of the Minister (in
this Act referred to as “authority to proceed”) issued in
pursuance of a request made to the Minister by or on behalf
of an approved State in which the person to be extradited is
accused or was convicted.”
3.14.
In the case of a person accused of an offence, a warrant for the
person’s arrest must accompany a request together with particulars of the
accused, the facts and the law under which the person is accused “and evidence
sufficient to justify the issue of a warrant for arrest under section9” [of the Act].
3.15.
Section 8(3) provides:
“(3) On receipt of such a request, the Minister may issue an
authority to proceed, unless it appears to him that an order