Extradition Act 1989 (repealed)

General extradition arrangements

30

• (1) Upon the making of an Order in Council under section 4 above—

• (a) the provisions of this Act relating to general extradition arrangements; and

• (b) section 21 above,

shall, unless the Order otherwise provides, extend to every colony, as regards the extradition arrangements to which the Order refers, but subject—

• (a) to the modifications set out in subsections (2) to (5) below;

• (b) to any further modifications as to procedure prescribed by the law of the colony; and

• (c) to the limitations, restrictions, exceptions and qualifications, if any, contained in the Order.

• (2) A reference to the colony shall be substituted for any reference to the United Kingdom.

• (3) An extradition request may be made to the Governor and the Governor may exercise the powers of the Secretary of State.

• (4) An extradition request may be made by a consular representative recognised by the Governor.

• (5) Any reference to a magistrate, judge or court shall be construed as a reference to such judicial authority as the law of the colony may provide.

Special extradition arrangements

31

• (1) Her Majesty may by Order in Council direct that this section shall extend to any colony specified in the Order in the case of foreign states with whom there are no general extradition arrangements, subject to the limitations, restrictions, exceptions and qualifications, if any, contained in the Order.

• (2) Where arrangements have been made in respect of a person under which extradition procedures under Part III of this Act or section 21 above will be available as between a colony to which this section applies and a foreign state, such extradition procedures shall be available in the case of that person, as between the colony and the state with whom the arrangements have been made, subject—

• (a) to the modifications of this Act set out in section 30(2) to (5) above;

• (b) to any further modifications as to procedure prescribed by the law of the colony; and

• (c) to the limitations, restrictions, exceptions and qualifications, if any, contained in the arrangements.

• (3) If the Governor or the Secretary of State issues a certificate—

• (a) that such arrangements have been made; and

• (b) that such extradition procedures are available in the case of the person named in the certificate as between the colony and the foreign state to the extent specified in the certificate,

it shall be conclusive evidence of all matters stated in it.

Orders in Council relating to colonies etc.

Application of provisions of Act by Order in Council

32

• (1) Her Majesty may by Order in Council make provision for extending all or any of the provisions of this Act relating to return to Commonwealth countries (other than this section) to any colony, with the substitution of a reference to that colony for any reference to the United Kingdom, and with such other exceptions, adaptations or modifications as may be specified in the Order.

• (2) Without prejudice to the generality of subsection (1) above, an Order in Council under this section may—

• (a) so far as it extends to any colony provisions of this Act relating to the return of persons to and the treatment of persons returned from designated Commonwealth countries, apply those provisions in relation to the Republic of Ireland as they apply in relation to a designated Commonwealth country;

• (b) so far as it extends to any colony provisions of this Act relating to the return of persons to and the treatment of persons returned from colonies, apply those provisions in relation to the United Kingdom as they apply in relation to a colony.

• (2A) An Order in Council under this section may make such provision as appears to Her Majesty to be necessary or expedient in consequence of or in connection with the provisions of section 1(1) of the Hong Kong Act 1985 for the purposes of the surrender of persons from a British overseas territory to the Hong Kong Special Administrative Region of the People’s Republic of China and the treatment of persons surrendered to a British overseas territory from that Region.

• (3) Any Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Alternative arrangements for colonies

33

• (1) Without prejudice to the powers exercisable by virtue of section 32 above, Her Majesty may by Order in Council make, for any colony, such special provision as appears to Her to be appropriate as between that colony and any other country being either a designated Commonwealth country or a colony—

• (a) for authorising and regulating the return to that other country of persons accused or convicted in it of offences;

• (b) for regulating the treatment in the colony for which the Order makes provision of persons returned to it from that other country pursuant to this Act or any Order in Council under this Act or any corresponding law of that other country.

• (2) The legislature of any colony shall have power to make provision, not inconsistent with any Order in Council under this section or section 32 above which extends to that colony, for any purpose for which provision could be made by such an Order in Council.

• (3) Any Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Colonies— supplementary

34

• (1) Her Majesty may by Order in Council direct that any provision to which this section applies shall have effect in any colony.

• (2) This section applies—

• (a) to any provision of this Act that corresponds to a provision of the Extradition Act 1870 with amendments made by the Criminal Justice Act 1988; and

• (b) to any provision of this Act that corresponds to a provision of the Fugitive Offenders Act 1967 with amendments and repeals made by the Criminal Justice Act 1988.

• (3) The repeal by this Act of the Fugitive Offenders Act 1967 does not affect an Order in Council made under section 16 or 17 of that Act or the power to revoke or amend such an Order.

General

Interpretation

35

• (1) In this Act—

• “appropriate authority” has the meaning assigned to it by section 6(9) above;

• “authority to proceed” has the meaning assigned to it by section 7(1) above;

• “court of committal” has the meaning assigned to it by section 9(1) above;

• “designated Commonwealth country” has the meaning assigned to it by section 5(1) above,

• . . .

• “extradition crime”, subject to paragraph 20 of Schedule 1 to this Act, is to be construed in accordance with section 2 above;

• “extradition arrangements”, “general extradition arrangements” and “special extradition arrangements” have the meanings assigned to them by section 3 above;

• “extradition request” has the meaning assigned to it by section 7(1) above;

• “Hong Kong Special Administrative Region” means the Hong Kong Special Administrative Region of the People’s Republic of China;

• . . .

• “the 1995 Convention” means the Convention drawn up on the basis of Article K.3 of the Treaty on European Union on Simplified Extradition Procedure between the Member States of the European Union;

• “the 1996 Convention” means the Convention drawn up on the basis of Article K.3 of the Treaty on European Union relating to Extradition between the Member States of the European Union;

• “party to the 1995 Convention” means a state in respect of which the 1995 Convention is in force either generally or between it and the United Kingdom;

• “party to the 1996 Convention” means a state in respect of which the 1996 Convention is in force either generally or between it and the United Kingdom; and

• “provisional warrant” has the meaning assigned to it by section 8(1) above.

• (2) For the purposes of this Act a person convicted in his absence in a designated Commonwealth country or a colony shall be treated as a person accused of the offence of which he is convicted.

• (3) For the purposes of the application of this Act by virtue of any Order in Council in force under it or section 2 of the Extradition Act 1870, any reference in this Act to evidence making a case requiring an answer by an accused person shall be taken to indicate a determination of the same question as is indicated by a reference (however expressed) in any such Order (or arrangements embodied or recited in it) to evidence warranting or justifying the committal for trial of an accused person.

Supplementary Evidence

Amendments

36

• (1) In paragraph 4 of Schedule 3 to the Parliamentary Commissioner Act 1967 (matters not subject to investigation by Commissioner) for the words from “or” to the end there shall be substituted the words “ , the Fugitive Offenders Act 1967 or the Extradition Act 1989 ”.

• (2) The following subsection shall be substituted for subsection (1) of section 3 of the Genocide Act 1969 (application to Channel Islands, Isle of Man and colonies)—

(1) Section 12 of the Backing of Warrants (Republic of Ireland) Act 1965 shall extend to the provisions of this Act amending that Act.

.

• (3) In section 2(2) of the Bail Act 1976 in the definition of “proceedings against a fugitive offender” for the words from “section”, in the first place where it occurs, to “1967” there shall be substituted the words “ the Extradition Act 1989 ”.

• (4) In paragraph (a) of subsection (1) of section 5 of the Suppression of Terrorism Act 1978 (power to apply provisions of Act to countries that are not parties to the European Convention on the Suppression of Terrorism) for the words “Fugitive Offenders Act 1967” there shall be substituted the words “ Extradition Act 1989 ”.

• (5) In paragraph (b) of that subsection after “1870” there shall be inserted the words “ or in the Extradition Act 1989 ”.

• (6) The following paragraph shall be substituted for paragraph (c) of that subsection—

(c) a colony.

.

• (7) In paragraph (i) of that subsection for the words “of this Act which would, apart from this section, apply only in relation to convention countries” there shall be substituted the words “ to which this paragraph applies ”.

• (8) The following subsection shall be inserted after that subsection—

(1A) Subsection (1)(i) above applies— (a) to the provisions of this Act which would, apart from this section, apply only in relation to convention countries; and (b) to section 24(1) and (2) of the Extradition Act 1989.

.

• (9) The following subsection shall be added at the end of section 6 of the Nuclear Material (Offences) Act 1983—

(5) In this section “the Convention” means the Convention on the Physical Protection of Nuclear Material opened for signature at Vienna and New York on 3rd March 1980.

.

Repeals etc

37

• (1) The enactments mentioned in Schedule 2 to this Act (which this Act replaces) are repealed to the extent specified in the third column of that Schedule.

• (2) The Extradition Act 1895 is repealed as of no practical utility.

• (3) The repeal by this Act of the Extradition Act 1870 does not affect an Order in Council made under section 2 of that Act or the power to revoke or alter such an Order.

• (4) Notwithstanding the repeal any forms that might have been used by virtue of section 20 of the Act may continue to be used and shall be deemed to be valid and sufficient in law.

• (5) Section 2A of the Backing of Warrants (Republic of Ireland) Act 1965 shall continue to have effect notwithstanding the repeal of section 1(9) of the Criminal Justice Act 1988 (which introduced Schedule 1 to the Act, Part II of which inserted section 2A in the Act of 1965) and the repeal of Schedule 1.

• (6) The repeal of an enactment relating to a Convention to which section 22 above applies does not affect an Order in Council made under any provision whose effect is reproduced in that section or in section 29 above or any power to revoke, amend or re-enact such an Order.

Short title, commencement and extent

38

• (1) This Act may be cited as the Extradition Act 1989.

• (2) The provisions of this Act other than any provision to which subsection (3) below applies shall come into force at the end of the period of two months beginning with the day on which it is passed.

• (3) The provisions of this Act to which this subsection applies are sections 7(3), 10(3)and 14(2) and (3) above, this section and paragraph 9(2) of Schedule 1.

• (4) Section 136(1) of the Criminal Justice Act 1988 (which provided that torture should be deemed to be included in the list of extradition crimes contained in Schedule 1 to the Extradition Act 1870) and paragraph 4 of Schedule 1 to that Act (which provided that any offence under the Company Securities (Insider Dealing) Act 1985 and offences under section 24 of the Drug Trafficking Offences Act 1986 should be deemed to be so included) shall come into force immediately before this Act comes into force.

• (5) This Act extends to Northern Ireland.

SCHEDULE 1

Restrictions on surrender

1

• (1) The following restrictions shall be observed with respect to the surrender of fugitive criminals.

• (2) A fugitive criminal shall not be surrendered—

• (a) if the offence in respect of which his surrender is demanded is one of a political character, or

• (b) if he proves to the satisfaction of the District Judge (Magistrates’ Courts) or the court before whom he is brought on habeas corpus, or to the Secretary of State, that the requisition for his surrender has in fact been made with a view to try or punish him for an offence of a political character.

• (3) A fugitive criminal shall not be surrendered to a foreign state unless provision is made by the law of that state, or by arrangement, that the fugitive criminal shall not, until he has been restored or had an opportunity of returning to Her Majesty’s dominions, be detained or tried in that foreign state for any offence committed prior to his surrender other than the extradition crime proved by the facts on which the surrender is grounded.

• (4) A fugitive criminal who has been accused of some offence within United Kingdom jurisdiction not being the offence for which his surrender is asked, or is undergoing sentence under any conviction in the United Kingdom, shall not be surrendered until after he has been discharged, whether by acquittal or on expiration of his sentence or otherwise, or unless an order is made for the charge in respect of the offence to lie on the file.

• (5) A fugitive criminal shall not be surrendered until the expiration of fifteen days from the date of his being committed to prison to await his surrender.

Effect of Order

2

An Order in Council under section 2 of the Extradition Act 1870 shall be conclusive evidence that the arrangement referred to in it complies with this Schedule and that this Schedule applies in the case of the foreign state mentioned in the Order.

Liability of criminal to surrender

3

Where this Schedule has effect in the case of any foreign state, every fugitive criminal of that state who is in or suspected of being in any part of Her Majesty’s dominions, or that part which is specified in the Order in Council relating to that state (as the case may be), shall be liable to be apprehended and surrendered in manner provided by this Schedule, whether the crime in respect of which the surrender is sought was committed before or after the date of the Order, and whether there is or is not any concurrent jurisdiction in any court of Her Majesty’s dominions over that crime.

Order of Secretary of State for issue of warrant in United Kingdom if crime is not of political character

4

• (1) A requisition for the surrender of a fugitive criminal of any foreign state, who is in or suspected of being in the United Kingdom, shall be made to the Secretary of State by some person recognised by the Secretary of State as a diplomatic or consular representative of that foreign state.

• (2) The Secretary of State may by order signify to a the Senior District Judge (Chief Magistrate) or another District Judge (Magistrates’ Courts) designated by him that such a requisition has been made, and require him to issue his warrant for the apprehension of the fugitive criminal.

• (3) If the Secretary of State is of opinion that the offence is one of a political character, he may, if he thinks fit, refuse to send any such order as is mentioned in sub-paragraph (2) above, and may also at any time order a fugitive criminal accused or convicted of such offence to be discharged from custody.

Issue of warrant by metropolitan magistrate, justice etc.

5

• (1) A warrant for the apprehension of a fugitive criminal, whether accused or convicted of crime, who is in or suspected of being in the United Kingdom, may be issued—

• (a) by the Senior District Judge (Chief Magistrate), or another District Judge (Magistrates’ Courts) designated by him, on receipt of the order of the Secretary of State, and on such evidence as would in his opinion justify the issue of the warrant if the crime had been committed or the criminal convicted in England or Wales; and

• (b) by . . . any justice of the peace in any part of the United Kingdom, on such information or complaint and such evidence or after such proceedings as would in the opinion of the person issuing the warrant justify the issue of a warrant if the crime had been committed or the criminal convicted in that part of the United Kingdom in which he exercises jurisdiction.

• (2) Any person issuing a warrant under this paragraph without an order of the Secretary of State shall forthwith send a report of the fact of such issue, together with the evidence and information or complaint, or certified copies thereof, to the Secretary of State, who may if he thinks fit order the warrant to be cancelled, and the person who has been apprehended on the warrant to be discharged.

• (3) A fugitive criminal, when apprehended on a warrant issued without the order of the Secretary of State, shall be brought before some person having power to issue a warrant under this paragraph, who shall by warrant order him to be brought and the prisoner shall accordingly be brought before the Senior District Judge (Chief Magistrate), or another District Judge (Magistrates’ Courts) designated by him,.

• (4) A fugitive criminal apprehended on a warrant issued without the order of the Secretary of State shall be discharged by the District Judge (Magistrates’ Courts) unless he, within such reasonable time as, with reference to the circumstances of the case, he may fix, receives from the Secretary of State an order signifying that a requisition has been made for the surrender of such criminal.

Hearing of case and evidence of political character of crime

6

• (1) When a fugitive criminal is brought before the District Judge (Magistrates’ Courts) he shall have the same powers, as near as may be, including power to adjourn the case and meanwhile to remand the prisoner either in custody or on bail, as if the proceedings were the summary trial of an information against him for an offence committed in England and Wales; and section 16(1)(c) of the Prosecution of Offences Act 1985 (costs on dismissal) shall apply accordingly reading the reference to the dismissal of the information as a reference to the discharge of the prisoner.

• (1A) If the metropolitan magistrate exercises his power to adjourn the case he shall on so doing remand the prisoner either in custody or on bail.

• (2) The District Judge (Magistrates’ Courts) shall receive any evidence which may be tendered to show that the crime of which the prisoner is accused or alleged to have been convicted is an offence of a political character or is not an extradition crime.

Committal or discharge of prisoner

7

• (1) In the case of a fugitive criminal accused of an extradition crime, if the foreign warrant authorising the arrest of such criminal is duly authenticated, and such evidence is produced as (subject to the provisions of this Schedule) would, according to the law of England and Wales, make a case requiring an answer by the prisoner if the proceedings were for the trial in England and Wales of an information for the crime, the District Judge (Magistrates’ Courts)shall commit him to prison, but otherwise shall order him to be discharged.

• (2) In the case of a fugitive criminal alleged to have been convicted of an extradition crime, if such evidence is produced as (subject to the provisions of this Schedule) would, according to the law of England and Wales, prove that the prisoner was convicted of such crime, the District Judge (Magistrates’ Courts) shall commit him to prison, but otherwise shall order him to be discharged.

• (3) If he commits such criminal to prison, he shall commit him there to await the warrant of the Secretary of State for his surrender, and shall forthwith send to the Secretary of State a certificate of the committal, and such report upon the case as he may think fit.

Surrender of fugitive to foreign state by warrant of Secretary of State

8

• (1) If the District Judge (Magistrates’ Courts) commits a fugitive criminal to prison, he shall inform such criminal that he will not be surrendered until after the expiration of fifteen days, and that he has a right to apply for a writ of habeas corpus.

• (2) Upon the expiration of the said fifteen days, or, if a writ of habeas corpus is issued, after the decision of the court upon the return to the writ, as the case may be, or after such further period as may be allowed in either case by the Secretary of State, the Secretary of State may by warrant order the fugitive criminal (if not delivered on the decision of the court) to be surrendered to such person as may in his opinion be duly authorised to receive the fugitive criminal by the foreign state from which the requisition for the surrender proceeded, and such fugitive criminal shall be surrendered accordingly.

• (3) It shall be lawful for any person to whom such warrant is directed and for the person so authorised as aforesaid to receive, hold in custody, and convey within the jurisdiction of such foreign state the criminal mentioned in the warrant; and if the criminal escapes out of any custody to which he may be delivered on or in pursuance of such warrant, it shall be lawful to retake him in the same manner as any person accused of any crime against the laws of that part of Her Majesty’s dominions to which he escapes may be retaken upon an escape.

Simplified procedure

9

• (1) A person may give notice that he waives the rights conferred on him by paragraph 8 above.

• (2) A notice under this paragraph shall be given in England and Wales in the manner prescribed by rules under section 144 of the Magistrates’ Courts Act 1980 and, without prejudice to the generality of subsection (1) of that section, the power to make such rules shall include power to make provision for a magistrate to order the committal for return of a person with his consent at any time after his arrest.

• (3) A notice under this paragraph shall be given in Scotland in the manner prescribed by the High Court of Justiciary by Act of Adjournal and the sheriff may order the committal for return of a person with his consent at any time after his arrest.

• (4) Where an order is made under this paragraph, this Schedule shall cease to apply to the person in respect of whom it is made, except that if, within one month after the order is made, he is not surrendered to the foreign state to which he is to be returned, the High Court, upon application by or on behalf of that person, may, unless reasonable cause is shown for the delay, order him to be discharged.

Discharge of persons apprehended if not conveyed out of United Kingdom within 2 months

10

If the fugitive criminal who has been committed to prison is not surrendered and conveyed out of the United Kingdom within two months after such committal, or, if a writ of habeas corpus is issued, after the decision of the court upon the return to the writ, it shall be lawful for any judge of the High Court, upon application made to him by or on behalf of the criminal, and upon proof that reasonable notice of the intention to make such application has been given to the Secretary of State, to order the criminal to be discharged out of custody, unless sufficient cause is shown to the contrary.

Execution of warrant of metropolitan magistrate

11

The warrant of the District Judge (Magistrates’ Courts) issued in pursuance of this Schedule may be executed in any part of the United Kingdom in the same manner as if it had been originally issued or subsequently endorsed by a justice of the peace having jurisdiction in the place where the same is executed.

Depositions etc to be evidence

12

Depositions and statements on oath taken in a foreign state, and copies of such original depositions or statements and foreign certificates of or judicial documents stating the fact of conviction, may, if duly authenticated, be received in evidence in proceedings under this Schedule.

Crimes committed at sea

13

• (1) Where the crime in respect of which the surrender of a fugitive criminal is sought was committed on board any vessel or hovercraft on the high seas which comes into any port of the United Kingdom, the following provisions shall have effect—

• (a) this Schedule shall be construed as if the references to the Senior District Judge (Chief Magistrate) or another District Judge (Magistrates’ Courts) designated by him were to any District Judge (Magistrates’ Courts) and those references and the references to a District Judge (Magistrates’ Courts) (apart from that in paragraph 11) included any sheriff in Scotland and any resident magistrate in Northern Ireland;;

• (b) the criminal may be committed to any prison to which the person committing him has power to commit persons accused of the like crime;

• (c) if the fugitive criminal is apprehended on a warrant issued without the order of the Secretary of State, he shall be brought before any District Judge (Magistrates’ Courts), or the sheriff or resident magistrate who issued the warrant, or who has jurisdiction in the port where the vessel lies, or in the place nearest to that port.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Aircraft

14

• (1) For the purposes of the application of this Schedule to crimes committed on board an aircraft in flight, any aircraft registered in a country which is for the time being certified to be a country specified in an Order in Council made by virtue of section 105 of the Civil Aviation Act 1982 to be a Convention country as defined in section 105(1) of that Act shall at any time while that aircraft is in flight be deemed to be within the jurisdiction of that country, whether or not it is for the time being also within the jurisdiction of any other country.

• (2) Paragraph 13 above shall have effect where a person’s surrender is sought in respect of a crime committed on board an aircraft in flight which lands in the United Kingdom, but as if for references to the port where the vessel lies there were substituted references to the place at which the person whose surrender is sought is disembarked.

• (3) Subsections (4) and (5) of section 92 of the Civil Aviation Act 1982 shall apply for the purposes of this paragraph as they apply for the purposes of that section.

• (4) For the purposes of this Schedule any act, wherever committed, which—

• (a) is an offence under any of the provisions of Part I of the Aviation Security Act 1982 (other than sections 4 and 7) or an attempt to commit such an offence, or would be such an offence or attempt but for section 1(2), 2(4), or 3(5) or (6) of that Act; and

• (b) is an offence against the law of any state in relation to which this Schedule has effect,

shall be deemed to be an offence committed within the jurisdiction of that state.

Deemed extension of jurisdiction of foreign states

15

For the purposes of this Schedule any act, wherever committed, which is any of the following offences—

• (a) an offence mentioned in paragraph (a) of subsection (1) of section 1 of the Internationally Protected Persons Act 1978 which is committed against a protected person within the meaning of that section;

• (b) an offence mentioned in paragraph (b) of that subsection which is committed in connection with such an attack as is so mentioned;

• (c) an attempt to commit an offence mentioned in the preceding paragraphs;

• (d) an offence under section 1(3) of the Internationally Protected Persons Act 1978;

• (e) an offence under the Taking of Hostages Act 1982 or an attempt to commit such an offence;

• (f) an offence mentioned in paragraphs (a) to (d) of subsection (1) of section 1 of the Nuclear Material (Offences) Act 1983 which is committed by doing an act in relation to or by means of nuclear material, as defined in that Act;

• (g) an offence under section 2 of that Act;

• (h) an attempt to commit an offence mentioned in paragraph (f) or (g) above; . . .

• (i) torture,

• (j) any offence which is specified in—

• (i) paragraph 1 of Schedule 2 to the Proceeds of Crime Act 2002 (drug trafficking offences), or

• (ii) so far as it relates to that paragraph, paragraph 10 of that Schedule;

• (ja) any offence which by virtue of section 415 of the Proceeds of Crime Act 2002 is a money laundering offence for the purposes of Part 8 of that Act;

• (k) any offence which is specified in—

• (i) paragraph 2 of Schedule 4 to the Proceeds of Crime Act 2002, or

• (ii) so far as it relates to that paragraph, paragraph 10 of that Schedule;

• (ka) any offence which by virtue of section 415 of the Proceeds of Crime Act 2002 is a money laundering offence for the purposes of Part 8 of that Act;

• (l) .

• (m) any offence which is specified in—

• (i) paragraph 1 of Schedule 5 to the Proceeds of Crime Act 2002 (drug trafficking offences), or

• (ii) so far as it relates to that paragraph, paragraph 10 of that Schedule;

• (ma) any offence which by virtue of section 415 of the Proceeds of Crime Act 2002 is a money laundering offence for the purposes of Part 8 of that Act;

• (n) an offence mentioned in section 1(2) of the United Nations Personnel Act 1997 which is committed against a UN worker within the meaning of that Act; or

• (o) an offence mentioned in subsection (2) of section 2 of that Act which is committed in connection with such an attack as is mentioned in subsection (1) of that section;

• (p) an offence under section 3 of that Act;

• (q) an attempt to commit an offence mentioned in paragraph (n), (o) or (p).or

• (l) an offence under section 1, 9, 10, 11, 12 or 13 of the Aviation and Maritime Security Act 1990 or an attempt to commit such an offence,

and an offence against the law of any state in relation to which this Schedule has effect shall be deemed to be an offence committed within the jurisdiction of that state.

Fugitive criminals in colonies

16

This Schedule, when applied by Order in Council, shall, unless it is otherwise provided by such Order, extend to every colony in the same manner as if throughout this Schedule a reference to the colony were substituted for the United Kingdom or England and Wales, as the case may require, but with the following modifications, namely—

• (a) the requisition for the surrender of a fugitive criminal who is in or suspected of being in a colony may be made to the governor of that colony by any person recognised by that governor as a consular representative, or (if the fugitive criminal has escaped from a colony or dependency of the foreign state on behalf of which the requisition is made) as the governor of such colony or dependency;

• (b) no warrant of the Secretary of State shall be required, and all powers vested in or acts authorised or required to be done under this Schedule by the metropolitan magistrate and the Secretary of State, or either of them, in relation to the surrender of a fugitive criminal, may be done by the governor of the colony alone;

• (c) a judge of any court exercising in the colony the like powers as the High Court exercises in England and Wales may exercise the power of discharging a criminal when not conveyed within two months out of such British possession.

Criminal surrendered by foreign state not triable for previous crime

17

Where in pursuance of any arrangement with a foreign state, any person accused or convicted of an extradition crime is surrendered by that foreign state, such person shall not until he has been restored or had an opportunity of returning to such foreign state, be triable or tried for any offence committed prior to the surrender in any part of Her Majesty’s dominions other than such of the said crimes as may be proved by the facts on which the surrender is grounded.

Application of Schedule in Channel Islands and Isle of Man

18

This Schedule (except so far as relates to the execution of warrants in the Channel Islands) shall extend to the Channel Islands and Isle of Man in the same manner as if they were part of the United Kingdom; and the royal courts of the Channel Islands are hereby respectively authorised and required to register this Schedule.

Dependencies of foreign states

19

For the purposes of this Schedule, every colony, dependency, and constituent part of a foreign state, and every vessel of that state, shall (except where expressly mentioned as distinct in this Schedule) be deemed to be within the jurisdiction of and to be part of such foreign state.

Interpretation

20

In this Schedule, unless the context otherwise requires—

• “colony” includes colonies under one legislature;

• “conviction” and “convicted” do not include or refer to a conviction which under foreign law is a conviction for contumacy, but “accused person” includes a person so convicted for contumacy;

• “extradition crime”, in relation to any foreign state, is to be construed by reference to the Order in Council under section 2 of the Extradition Act 1870 applying to that state as it had effect immediately before the coming into force of this Act and to any amendments thereafter made to that Order;

• “fugitive criminal” means any person accused or convicted of an extradition crime committed within the jurisdiction of any foreign state who is in or is suspected of being in some part of Her Majesty’s dominions;

• “fugitive criminal of a foreign state” means a fugitive criminal accused or convicted of an extradition crime committed within the jurisdiction of that state;

• “justice of the peace” includes in Scotland a sheriff;

• “legislature” means any person or persons who can exercise legislative authority in a colony, and where there are local legislatures as well as a central legislature, means the central legislature only;

• “warrant”, in the case of any foreign state, includes any judicial document authorising the arrest of a person accused of crime.

SCHEDULE 2

Liability to extradition.

Arrest for purposes of committal.

19A

• (1) This section applies to any person accused or convicted of an offence under the law of or any part of the United Kingdom who is returned to the United Kingdom from the Hong Kong Special Administrative Region under any law of that Region corresponding to this Act.

• (2) A person to whom this section applies shall not, during the period described in subsection (3) below, be dealt with in the United Kingdom for or in respect of any offence committed before he was returned to the United Kingdom other than—

• (i) the offence in respect of which he was returned;

• (ii) any lesser offence disclosed by the particulars furnished to the Hong Kong Special Administrative Region on which his return is grounded; or

• (iii) any other offence in respect of which the Government of the Hong Kong Special Administrative Region may consent to his being dealt with.

• (3) The period referred to in subsection (2) above, in relation to a person to whom this section applies, is the period beginning with the day of his arrival in the United Kingdom on his return as mentioned in subsection (1) above and ending 40 days after the first subsequent day on which he has the opportunity to leave the United Kingdom.

• (4) Where a person to whom this section applies has been convicted before his return to the United Kingdom of an offence for which his return was not granted, any punishment for that conviction shall by operation of this section be remitted; but his conviction for it shall be treated as a conviction for all other purposes.

• (5) In this section “dealt with” has the same meaning as in section 19.

Hostage-taking.

1995 and 1996 Convention cases

Application of Act in 1995 and 1996 Convention cases

34A

Schedule 1A provides for the application of this Act as between—

• (a) the United Kingdom and states other than the Republic of Ireland that are parties to the 1995 Convention;

• (b) the United Kingdom and states other than the Republic of Ireland that are parties to the 1996 Convention.

Interpretation.

Repeals etc.

SCHEDULE 1A

PART 1 — THE 1995 CONVENTION

Application of Act

1

This Act applies as if the terms of the 1995 Convention were general extradition arrangements made between the United Kingdom and the states other than the Republic of Ireland that are parties to it.

2

As applied by paragraph 1 above, this Act has effect as between the United Kingdom and the states other than the Republic of Ireland that are parties to the 1995 Convention with the following adaptations.

3

In section 6 after subsection (6) insert—

(6A) Subsection (4) above does not apply if the person has consented to his return to the relevant foreign state under section 14A below.

.

4

In section 9 after subsection (3) insert -

(3A) The Court of committal shall, as soon as practicable and in any event before committing the person arrested under subsection (8) below— (a) inform him that he may consent to his return to the foreign state that made the extradition request; and (b) explain the effect of any such consent and the procedure that will apply if he gives any such consent. (3B) The court of committal shall also inform the person arrested that— (a) any such consent is to be given in writing and is irrevocable; (b) any such consent is to be given to the court, if it is given before an order for committal under subsection (8) below has been made; (c) any such consent is to be given to the Secretary of State or the Scottish Ministers, if it is given after an order for committal under subsection (8) below has been made.

.

5

After section 14 insert—

(1) A person arrested in pursuance of a warrant under section 8 above may consent to his return to the foreign state that made the extradition request. (2) Any consent under this section is irrevocable. (3) If the person has not been committed under section 9 above, any consent under this section must be given by notice in writing to the court of committal. (4) In England and Wales, the notice is to be given in the manner prescribed by rules under section 144 of the Magistrates’ Courts Act 1980. (5) Without prejudice to the generality of section 144(1) of that Act, the power to make rules under that section includes power to make provision for a Senior District Judge (Chief Magistrate) or another District Judge (Magistrates’ Courts) designated by him for the purposes of this Act to order the committal for return of a person if he gives consent under this section before he is committed under section 9 above. (6) In Scotland, the notice is to be given in the manner prescribed by the High Court of Justiciary by Act of Adjournal and the sheriff may order the committal for return of a person if he gives consent under this section before he is committed under section 9 above. (7) Where an order is made by virtue of subsection (5) or (6) above, this Act shall cease to apply to the person in respect of whom the order is made, subject to subsection (8) below. (8) If the person is not returned within 20 days after the order is made, the High Court or in Scotland the High Court of Justiciary may, on application by him or on his behalf, order him to be discharged unless reasonable cause is shown for the delay. (9) If the person has been committed under section 9 above, any consent under this section must be given to the Secretary of State or the Scottish Ministers. (10) The Secretary of State or the Scottish Ministers may, by warrant, order his return at any time under this section.

.

6

In section 18 after subsection (1) insert—

(1A) In a case where the foreign state by which the person is returned has made a declaration under Article 9(a) of the 1995 Convention, subsection (1) above does not apply if— (a) the person has consented to his return, and (b) where the state has made a declaration under Article 7(4) of that Convention, he has not revoked his consent. (1B) In a case where the foreign state by which the person is returned has made a declaration under Article 9(b) of the 1995 Convention, subsection (1) above does not apply if— (a) the person has consented to his return and has renounced the benefit of subsection (1) above, and (b) where the state has made a declaration under Article 7(4) of that Convention, he has not revoked his consent or renunciation.

.

PART 2 — THE 1996 CONVENTION

Application of Act

7

This Act applies as if the terms of the 1996 Convention were general extradition arrangements made between the United Kingdom and the other states other than the Republic of Ireland that are parties to it.

8

As applied by paragraph 7 above, this Act has effect as between the United Kingdom and the states other than the Republic of Ireland that are parties to the 1996 Convention with the following adaptations.

9

• (1) Section 2 is amended as follows.

• (2) In subsection (1)(a)—

• (a) for “12 months” substitute “ 6 months ”;

• (b) for “so punishable under that law” substitute “ punishable under that law with imprisonment, or any form of detention wherever served, for a term of 12 months, or any greater punishment ”.

• (3) In subsection (1)(b) after “imprisonment” insert “ , or any form of detention wherever served, ”.

• (4) In subsections (2) and (3) for “12 months” substitute “ 6 months ”.

10

• (1) Section 6 is amended as follows.

• (2) In subsection (1), omit paragraph (a).

• (3) In subsection (4) after paragraph (a) insert—

(“) an offence which is not punishable with imprisonment or any other form of detention; (ab) an offence in respect of which he will not be detained in connection with his trial, sentence or appeal; (ac) an offence in respect of which an appropriate authority is satisfied that a sentence of imprisonment or any other form of detention will be imposed only if he has specifically waived the right which (but for this paragraph) he would have not to be dealt with for the offence; ”.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) After subsection (6) insert—

(6A) Subsection (4) above does not apply if (a) the relevant foreign state has made a declaration under Article 11 of the 1996 Convention, and (b) no indication has been given by the Secretary of State or the Scottish Ministers that consent should not be deemed to have been given in the person’s case.

.

11

• (1) Section 18 is amended as follows.

• (2) In subsection (1) after paragraph (b) insert—

(ba) an offence which is not punishable with imprisonment; or (bb) an offence in respect of which no custodial sentence will be imposed; or (bc) an offence in connection with which the person returned will not be detained in custody; or (bd) an offence in respect of which he has notified the court in writing that he waives the right which (but for this paragraph) he would have not to be tried for the offence; or

.

• (3) After subsection (1) insert—

(1A) Subsection (1) above does not apply if— (a) the foreign state has made a declaration under Article 11 of the 1996 Convention, and (b) no indication has been given by the foreign state that consent should not be deemed to have been given in the person’s case. (1B) Where the foreign state has made a declaration under Article 6(3) of the 1996 Convention, fiscal offences, other than those connected with excise, value added tax or customs, are excluded from paragraph (ba) to (bd) of subsection (1) above.

.

12

• (1) Section 26 is amended as follows.

• (2) For subsection (1) substitute—

(1) In extradition proceedings in relation to a person whose return has been requested by a foreign state, a copy of an arrest warrant or certificate of conviction issued in the foreign state shall be deemed duly authenticated if it purports to be certified as a true copy of the original by a judicial or other authority of the state.

.

• (3) In subsection (2) for “(1)(b)” substitute “ (1) ”.

Editorial notes