A diplomatic assurance from an extradition country's embassy that the death penalty will not be sought or imposed satisfies s 22(3)(c) of the Extradition Act 1988 (Cth), even where the assurance refers to information provided by a local prosecuting authority as the basis for the assurance. The use of the word 'assures' rather than 'undertakes' does not diminish the effectiveness of the undertaking. Under the California Penal Code, special circumstances must be charged before the death penalty can be imposed; a jury cannot independently find special circumstances not alleged in the charging document.
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