Extradition Act 1989 (repealed)

Part I — Introductory

General

Liability to extradition

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• (1) Where extradition procedures under Part III of this Act are available as between the United Kingdom and a foreign state, a person in the United Kingdom who—

• (a) is accused in that state of the commission of an extradition crime; or

• (b) is alleged to be unlawfully at large after conviction of an extradition crime by a court in that state,

may be arrested and returned to that state in accordance with those procedures.

• (2) Subject to the provisions of this Act, a person in the United Kingdom who is accused of an extradition crime—

• (a) in a Commonwealth country designated for the purposes of this subsection under section 5(1) below; or

• (b) in a colony,

or who is alleged to be unlawfully at large after conviction of such an offence in any such country or in a colony, may be arrested and returned to that country or colony in accordance with extradition procedures under Part III of this Act.

• (2A) Subject to the provisions of this Act, a person in the United Kingdom who—

• (a) is accused in the Hong Kong Special Administrative Region of an extradition crime, or

• (b) is alleged to be unlawfully at large after conviction for such an offence in that Region,

may be arrested and returned to that Region in accordance with extradition procedures under Part III of this Act.

• (3) Where an Order in Council under section 2 of the Extradition Act 1870 is in force in relation to a foreign state, Schedule 1 to this Act (the provisions of which derive from that Act and certain associated enactments) shall have effect in relation to that state, but subject to the limitations, restrictions, conditions, exceptions and qualifications, if any, contained in the Order.

Extradition crimes

Meaning of “extradition crime”

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• (1) In this Act, except in Schedule 1, “extradition crime” means—

• (a) conduct in the territory of a foreign state, a designated Commonwealth country , a colony or the Hong Kong Special Administrative Region which, if it occurred in the United Kingdom, would constitute an offence punishable with imprisonment for a term of 12 months, or any greater punishment, and which, however described in the law of the foreign state, Commonwealth country or colony or of the Hong Kong Special Administrative Region, is so punishable under that law;

• (b) an extra-territorial offence against the law of a foreign state, designated Commonwealth country or colony , or of the Hong Kong Special Administrative Region, which is punishable under that law with imprisonment for a term of 12 months, or any greater punishment, and which satisfies—

• (i) the condition specified in subsection (2) below; or

• (ii) all the conditions specified in subsection (3) below , or

• (iii) the condition specified in subsection (3A) below.

• (2) The condition mentioned in subsection (1)(b)(i) above is that in corresponding circumstances equivalent conduct would constitute an extra-territorial offence against the law of the United Kingdom punishable with imprisonment for a term of 12 months, or any greater punishment.

• (3) The conditions mentioned in subsection (1)(b)(ii) above are—

• (a) that the foreign state, Commonwealth country or colony or the Hong Kong Special Administrative Region bases its jurisdiction on the nationality of the offender;

• (b) that the conduct constituting the offence occurred outside the United Kingdom; and

• (c) that, if it occurred in the United Kingdom, it would constitute an offence under the law of the United Kingdom punishable with imprisonment for a term of 12 months, or any greater punishment.

• (3A) The condition mentioned in subsection (1)(b)(iii) above is that the conduct constituting the offence constitutes or, if committed in the United Kingdom would constitute—

• (a) an offence under section 51 or 58 of the International Criminal Court Act 2001 (genocide, crimes against humanity and war crimes),

• (b) an offence under section 52 or 59 of that Act (conduct ancillary to genocide etc. committed outside the jurisdiction), or

• (c) an ancillary offence, as defined in section 55 or 62 of that Act, in relation to any such offence.

• (4) For the purposes of this Act, except Schedule 1—

• (a) the law of a foreign state, designated Commonwealth country or colony includes the law of any part of it and the law of the United Kingdom includes the law of any part of the United Kingdom;

• (b) conduct in a colony or dependency of a foreign state or of a designated Commonwealth country, or a vessel, aircraft or hovercraft of a foreign state or of such a country, shall be treated as if it were conduct in the territory of that state or country; . . .

• (c) conduct in a vessel, aircraft or hovercraft of a colony of the United Kingdom shall be treated as if it were conduct in that colony ; and

• (d) conduct in a vessel, aircraft or hovercraft of the Hong Kong Special Administrative Region shall be treated as if it were conduct in that Region.; but

• (d) reference shall be made to the law of the colony or dependency of a foreign state or of a designated Commonwealth country, and not (where different) to the law of the foreign state or Commonwealth country, to determine the level of punishment applicable to conduct in that colony or dependency.

• (5) References in this section to an offence under any provision of the International Criminal Court Act 2001, or to an offence ancillary to such an offence, include any corresponding offence under the law of Scotland.

Return to foreign states

Arrangements for availability of Part III procedure

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• (1) In this Act “extradition arrangements” means arrangements made with a foreign state under which extradition procedures under Part III of this Act will be available as between the United Kingdom and that state.

• (2) For this purpose “foreign state” means any state other than—

• (i) the United Kingdom;

• (ii) a country mentioned in Schedule 3 to the British Nationality Act 1981 (countries whose citizens are Commonwealth citizens);

• (iii) a colony; . . .

• (iv) the Republic of Ireland, ; or

• (v) the Hong Kong Special Administrative Region.

but a state which is a party to the European Convention on Extradition done at Paris on 13th December 1957 may be treated as a foreign state.

• (3) Extradition arrangements may be—

• (a) arrangements of a general nature made with one or more states and relating to the operation of extradition procedures under Part III of this Act (in this Act referred to as “general extradition arrangements”); or

• (b) arrangements relating to the operation of those procedures in particular cases (in this Act referred to as “special extradition arrangements”) made with a state with which there are no general extradition arrangements.

Orders in Council as to extradition

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• (1) Where general extradition arrangements have been made, Her Majesty may, by Order in Council reciting or embodying their terms, direct that this Act, so far as it relates to extradition procedures under Part III of this Act, shall apply as between the United Kingdom and the foreign state, or any foreign state, with which they have been made, subject to the limitations, restrictions, exceptions and qualifications, if any, contained in the Order.

• (2) An Order in Council under this section shall not be made unless the general extradition arrangements to which it relates—

• (a) provide for their determination after the expiration of a notice given by a party to them and not exceeding one year or for their denunciation by means of such a notice; and

• (b) are in conformity with the provisions of this Act, and in particular with the restrictions on return contained in Part II of this Act.

• (3) An Order in Council under this section shall be conclusive evidence that the arrangements therein referred to comply with this Act and that this Act, so far as it relates to extradition procedures under Part III of this Act, applies in the case of the foreign state, or any foreign state, mentioned in the Order.

• (4) An Order in Council under this section shall be laid before Parliament after being made.

• (5) An Order in Council under this section which does not provide that a person may only be returned to the foreign state requesting his return if the court of committal is satisfied that the evidence would be sufficient to make a case requiring an answer by that person if the proceedings were a summary trial of an information against him and the extradition crime had taken place within the jurisdiction of the court shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Return to Commonwealth countries and colonies

Procedure for designation etc

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• (1) Her Majesty may by Order in Council designate for the purposes of section 1(2) above any country for the time being mentioned in Schedule 3 to the British Nationality Act 1981 (countries whose citizens are Commonwealth citizens); and any country so designated is in this Act referred to as a “designated Commonwealth country”.

• (2) This Act has effect in relation to all colonies.

• (3) Her Majesty may by Order in Council direct that this Act shall have effect in relation to the return of persons to, or in relation to persons returned from, any designated Commonwealth country or any colony subject to such exceptions, adaptations or modifications as may be specified in the Order.

• (4) Any Order under this section may contain such transitional or other incidental and supplementary provisions as may appear to Her Majesty to be necessary or expedient.

• (5) For the purposes of any Order in Council under subsection (1) above, any territory for the external relations of which a Commonwealth country is responsible may be treated as part of that country or, if the Government of that country so requests, as a separate country.

• (6) Any Order in Council under this section, other than an Order to which subsection (7) below applies, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (7) No recommendation shall be made to Her Majesty in Council to make an Order containing any such direction as is authorised by subsection (3) above unless a draft of the Order has been laid before Parliament and approved by resolution of each House of Parliament.

Part II — Restrictions on Return

General restrictions on return

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• (1) A person shall not be returned under Part III of this Act, or committed or kept in custody for the purposes of return, if it appears to an appropriate authority—

• (a) that the offence of which that person is accused or was convicted is an offence of a political character;

• (b) that it is an offence under military law which is not also an offence under the general criminal law;

• (c) that the request for his return (though purporting to be made on account of an extradition crime) is in fact made for the purpose of prosecuting or punishing him on account of his race, religion, nationality or political opinions; or

• (d) that he might, if returned, be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality or political opinions.

• (2) A person who is alleged to be unlawfully at large after conviction of an extradition crime shall not be returned to a foreign state or to the Hong Kong Special Administrative Region, or committed or kept in custody for the purposes of return to a foreign state or to that Region, if it appears to an appropriate authority—

• (a) that the conviction was obtained in his absence; and

• (b) that it would not be in the interests of justice to return him on the ground of that conviction.

• (3) A person accused of an offence shall not be returned, or committed or kept in custody for the purposes of return, if it appears to an appropriate authority that if charged with that offence in the United Kingdom he would be entitled to be discharged under any rule of law relating to previous acquittal or conviction.

• (4) A person shall not be returned, or committed or kept in custody for the purposes of such return, unless provision is made by the relevant law, or by an arrangement made with the relevant foreign state, Commonwealth country or colony or with the Hong Kong Special Administrative Region, for securing that he will not, unless he has first had an opportunity to leave it, be dealt with there for or in respect of any offence committed before his return to it other than—

• (a) the offence in respect of which his return is ordered;

• (b) an offence, other than an offence excluded by subsection (5) below, which is disclosed by the facts in respect of which his return was ordered; or

• (c) subject to subsection (6) below, any other offence being an extradition crime in respect of which the Secretary of State or the Scottish Ministers may consent to his being dealt with.

• (5) The offences excluded from paragraph (b) of subsection (4) above are offences in relation to which an order for the return of the person concerned could not lawfully be made.

• (6) The Secretary of State or the Scottish Ministers may not give consent under paragraph (c) of that subsection in respect of an offence in relation to which it appears to him or them that an order for the return of the person concerned could not lawfully be made, or would not in fact be made.

• (7) Any such arrangement as is mentioned in subsection (4) above which is made with a designated Commonwealth country or a colony may be an arrangement made for the particular case or an arrangement of a more general nature; and for the purposes of that subsection a certificate issued by or under the authority of the Secretary of State or the Scottish Minister confirming the existence of an arrangement with a Commonwealth country or a colony and stating its terms shall be conclusive evidence of the matters contained in the certificate.

• (8) In relation to a Commonwealth country or a colony the reference in subsection (1) above to an offence of a political character does not include an offence against the life or person of the Head of the Commonwealth or attempting or conspiring to commit, or assisting, counselling or procuring the commission of or being accessory before or after the fact to such an offence, or of impeding the apprehension or prosecution of persons guilty of such an offence.

• (9) In this Act “appropriate authority” means—

• (a) the Secretary of State, or, except in section 25(1), in the case of a function that is exercisable in or as regards Scotland, the Scottish Ministers

• (b) the court of committal;

• (c) the High Court or High Court of Justiciary on an application for habeas corpus or for review of the order of committal.

• (10) In this section, in relation to Commonwealth countries and colonies, “race” includes tribe.

Part III — Procedure

General

Extradition request and authority to proceed

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• (1) Subject to the provisions of this Act relating to provisional warrants, a person shall not be dealt with under this Part of this Act except in pursuance of an order of the Secretary of State or the Scottish Ministers (in this Act referred to as an “authority to proceed”) issued in pursuance of a request (in this Act referred to as an “extradition request”) for the surrender of a person under this Act made to the Secretary of State—

• (a) by—

• (i) an authority in a foreign state which appears to the Secretary of State to have the function of making extradition requests in that foreign state, or

• (ii) some person recognised by the Secretary of State as a diplomatic or consular representative of a foreign state; or

• (b) by or on behalf of the Government of a designated Commonwealth country, or the Governor of a colony and an extradition request may be made by facsimile transmission and an authority to proceed issued without waiting to receive the original; or.

• (c) by or on behalf of the Government of the Hong Kong Special Administrative Region.

• (2) There shall be furnished with any such request—

• (a) particulars of the person whose return is requested;

• (b) particulars of the offence of which he is accused or was convicted (including evidence or, in a case falling within subsection (2A) below, information sufficient to justify the issue of a warrant for his arrest under this Act);

• (c) in the case of a person accused of an offence, a warrant or a duly authenticated copy of a warrant for his arrest issued in the foreign state, Commonwealth country or colony or in the Hong Kong Special Administrative Region; and

• (d) in the case of a person unlawfully at large after conviction of an offence, a certificate or a duly authenticated copy of a certificate of the conviction and sentence,

and copies of them shall be served on the person whose return is requested before he is brought before the court of committal.

• (2A) Where—

• (a) the extradition request is made by a foreign state; and

• (b) an Order in Council falling within section 4(5) above is in force in relation to that state,

it shall be a sufficient compliance with subsection (2)(b) above to furnish information sufficient to justify the issue of a warrant for his arrest under this Act.

• (3) Rules under section 144 of the Magistrates’ Courts Act 1980 may make provision as to the procedure for service under subsection (2) above in England and Wales and the High Court of Justiciary may, by Act of Adjournal, make rules as to such procedure in Scotland.

• (4) On receipt of any such request the Secretary of State or the Scottish minister may issue an authority to proceed unless it appears to him or them that an order for the return of the person concerned could not lawfully be made, or would not in fact be made, in accordance with the provisions of this Act.

• (5) An authority to proceed shall specify the offence or offences under the law of the United Kingdom which it appears to the Secretary of State or the Scottish Ministers would be constituted by equivalent conduct in the United Kingdom.