(b) the accusation against the fugitive not having been made in good
faith or in the interests of justice, or
(c) the passage of time since the commission of the offence,
it would, having regard to all the circumstances under which the offence was committed, be unjust or oppressive or too severe a punishment to return the fugitive or, as the case may be, to return him before the expiry of a period specified by that authority.
(4) The return of a fugitive offender will be precluded by law if the competent judicial or executive authority is satisfied that he has been convicted (and is neither unlawfully at large nor at large in breach of a condition of a licence to be at large) or has been acquitted, whether within or outside the Commonwealth, of the offence of which he is accused.
(5) The competent authorities for the purposes of this clause will include— (a) any judicial authority which hears or is competent to hear such an
application as is mentioned in clause 8, and
(b) the executive authority by whom any order for the fugitive's return
would fall to be made.
(6) It will be sufficient compliance with any one of the paragraphs (1), (2), (3), (4) and (5) if a country decides that the competent authority for the purposes of that paragraph is exclusively the judicial authority or the executive authority.
(7) If the competent executive authority---
(a) is empowered by law to certify that the offence of which a fugitive
offender is accused is an offence of a political character, and
(b) in the case of a particular fugitive offender, so certifies, the certificate will be conclusive in the matter and binding upon the competent judicial authority for the purposes mentioned in this clause.
Double-criminality rule
10. The return of a fugitive offender will either be precluded by law or be subject to refusal by the competent executive authority if the facts on which the request for his return is grounded do not constitute an offence under the law of the country or territory in which he is found.
Postponement of return of fugitive charged or sentenced when found
11. Where a fugitive offender-
(a) has been charged with an offence triable by a court in that part
of the Commonwealth in which he is found, or
(b) is serving a sentence imposed by a court in that part of the
Commonwealth,
then, until such time as he has been discharged (whether by acquittal, the expiration or remission of his sentence, or otherwise) his return will either be precluded by law or be subject to refusal by the competent executive authority as the law of the country or territory concerned may provide.
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