The Extradition (Internationally Protected Persons) Order 1997

Made: 22nd July 1997

Laid before Parliament: 1st August 1997

Coming into force: 1st September 1997

At the Court at Buckingham Palace, the 22nd day of July 1997 Present, The Queen’s Most Excellent Majesty in Council

Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by sections 4(1), 22(3) and 37(3) and (6) of the Extradition Act 1989, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

1

This Order may be cited as the Extradition (Internationally Protected Persons) Order 1997, and shall come into force on 1st September 1997.

2

• (1) Schedule 2 to this Order specifies in the first column foreign States which are Parties to the Convention and with which extradition treaties (and relevant Orders in Council under section 2 of the Extradition Act 1870) are for the time being in force, in the second column the dates of those treaties and in the third column those Orders in Council; and

• (2) Schedule 1 to the Extradition Act 1989[^f00003] shall apply in the case of a State specified in the first column in accordance with the extradition treaty whose date is specified in the corresponding entry in the second column, as supplemented by paragraphs 1 and 4 of Article 8 of the Convention; and the Order in Council which gives effect to that extradition treaty shall be construed accordingly.

3

The Extradition Act 1989, so far as it relates to extradition procedures under Part III of that Act, shall apply in the case of a State specified in Part I of Schedule 3 to this Order (being States in respect of which the Convention is in force) subject to the limitations, restrictions, exceptions and qualifications contained in Part II of that Schedule.

4

The following Orders are hereby revoked—

• The Extradition (Internationally Protected Persons) Order 1979[^f00004];

• The Extradition (Internationally Protected Persons) (Amendment) Order 1982[^f00005];

• The Extradition (Internationally Protected Persons) (Amendment) Order 1985[^f00006];

• The Extradition (Internationally Protected Persons) (Amendment) Order 1986[^f00007];

• The Extradition (Internationally Protected Persons) (Amendment) Order 1987[^f00008].

5

This Order extends only to the United Kingdom, the Channel Islands and the Isle of Man, and to those territories specified in Schedule 4 to this Order.

SCHEDULE 1 — The Convention

CONVENTION ON THE PREVENTION AND PUNISHMENT OF CRIMES AGAINST INTERNATIONALLY PROTECTED PERSONS, INCLUDING DIPLOMATIC AGENTS

The States Parties to this Convention,

Having in mind the purposes and principles of the Charter of the United Nations concerning the maintenance of international peace and the promotion of friendly relations and co-operation among States,

Considering that crimes against diplomatic agents and other internationally protected persons jeopardizing the safety of these persons create a serious threat to the maintenance of normal international relations which are necessary for co-operation among States,

Believing that the commission of such crimes is a matter of grave concern to the international community,

Convinced that there is an urgent need to adopt appropriate measures for the prevention and punishment of such crimes.

Have agreed as follows:

Article 1

For the purposes of this Convention:

1

“internationally protected person” means:

• (a) a Head of State, including any member of a collegial body performing the functions of a Head of State under the constitution of the State concerned, a Head of Government or a Minister for Foreign Affairs, whenever any such person is in a foreign State, as well as members of his family who accompany him;

• (b) any representative or official of a State or an official or other agent of an international organization of an intergovernmental character who, at the time when and in the place where a crime against him, his official premises, his private accommodation or his means of transport is committed, is entitled pursuant to international law to special protection from any attack on his person, freedom or dignity, as well as members of his family forming part of his household;

2

“alleged offender” means a person as to whom there is sufficient evidence to determine prima facie that he has committed or participated in one or more of the crimes set forth in Article 2.

Article 2

3

Paragraphs 1 and 2 of this article in no way derogate from the obligations of States parties under international law to take all appropriate measures to prevent other attacks on the person, freedom or dignity of an internationally protected person.

Article 3

Article 4

States parties shall co-operate in the prevention of the crimes set forth in Article 2, particularly by:

• (a) taking all practicable measures to prevent preparations in their respective territories for the commission of those crimes within or outside their territories;

• (b) exchanging information and co-ordinating the taking of administrative and other measures as appropriate to prevent the commission of those crimes.

Article 5

Article 6

Article 7

The State Party in whose territory the alleged offender is present shall, if it does not extradite him, submit, without exception whatsoever and without undue delay, the case to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State.

Article 8

4

Each of the crimes shall be treated, for the purpose of extradition between States Parties, as if it had been committed not only in the place in which it occurred but also in the territories of the States required to establish their jurisdiction in accordance with paragraph 1 of Article 3.

Article 9

Any person regarding whom proceedings are being carried out in connexion with any of the crimes set forth in Article 2 shall be guaranteed fair treatment at all stages of the proceedings.

Article 10

Article 11

The States Party where an alleged offender is prosecuted shall communicate the final outsome of the proceedings to the Secretary-General of the United Nations, who shall transmit the information to the other States Parties.

Article 12

The provisions of this Convention shall not affect the application of the Treaties on Asylum, in force at the date of the adoption of this Convention, as between the States which are parties to those Treaties; but a State Party to this Convention may not invoke those Treaties with respect to another State Party to this Convention which is not a party to those Treaties.

Article 13

Article 14

This Convention shall be open for signature by all States, until 31 December 1974 at United Nations Headquarters in New York.

Article 15

This Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.

Article 16

This Convention shall remain open for accession by any State. The instruments of accession shall be deposited with the Secretary-General of the United Nations.

Article 17

Article 18

Article 19

The Secretary-General of the United Nations shall inform all States, Inter alia:

• (a) of signatures to this Convention, of the deposit of instruments of ratification or accession in accordance with Articles 14, 15 and 16 and of notifications made under Article 18;

• (b) of the date on which this Convention will enter into force in accordance with article 17.

Article 20

The original of this Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies thereof to all States.

In witness whereof the undersigned, being duly authorized thereto by their respective Governments, have signed this Convention, opened for signature at New York on 14 December 1973.

SCHEDULE 2 — FOREIGN STATES WHICH ARE PARTIES TO THE CONVENTION AND IN RELATION TO WHICH ORDERS IN COUNCIL UNDER SECTION 2 OF THE EXTRADITION ACT 1870 ARE IN FORCE

SCHEDULE 3

PART I — FOREIGN STATES WHICH ARE PARTIES TO THE CONVENTION AND WITH WHICH NO EXTRADITION TREATIES ARE IN FORCE

PART II — APPLICATION OF THE EXTRADITION ACT 1989 IN THE CASE OF A STATE MENTIONED IN PART I

1

The Extradition Act 1989[^f00009] shall have effect in relation to a State specified in Part I of this Schedule only in respect of—

• (a) a relevant offence specified in section 22(4)(d) of that Act;

• (b) an attempt to commit such an offence;

• (c) counselling, procuring, commanding, aiding or abetting such an offence;

• (d) being accessory before or after the fact to such an offence.

2

The Extradition Act 1989 shall have such effect only where paragraphs 2 and 4 of Article 8 of the Convention apply.

3

No proceeding shall be taken on an application for a provisional warrant to be issued under section 8(1)(b) of the 1989 Act, and no such warrant shall be issued, unless the application is made with the consent of the Secretary of State signified by an Order in the form set out in Part III of this Schedule or in a form to the like effect; but except as aforesaid the signification of consent shall not affect the provisions of the said section 8.

PART III

FORM OF CONSENT OF SECRETARY OF STATE TO APPLICATION FOR A PROVISIONAL WARRANT

SCHEDULE 4 — TERRITORIES TO WHICH THIS ORDER EXTENDS

• Anguilla

• Bermuda

• British Antarctic Territory

• British Indian Ocean Territory

• British Virgin Islands

• Cayman Islands

• Falkland Islands and Dependencies

• Gibraltar

• Montserrat

• Pitcairn, Henderson, Ducie and Oeno Islands

• St. Helena and Dependencies

• Sovereign Base Areas of Akrotiri and Dhekelia

• Turks and Caicos Islands

Signed

N. H. Nicholls — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

This Order applies the Extradition Act 1989 so as to make extraditable offences within the meaning of the Internationally Protected Persons Act 1978, attempts to commit such offences and participation in such offences. It applies to certain States, Parties to the Convention on the Prevention of Crimes Against Internationally Protected Persons, including Diplomatic Agents, signed at New York on 14th December 1973.

Footnotes

[^f00001]: 1870 c. 52; the Act was repealed by the Extradition Act 1989 with the savings set out in section 37 of that Act. For the purpose of those savings the Act has to be read with section 22(1) of the Criminal Justice (International Co-operation) Act 1990 (c. 5).

[^f00002]: 1989 c. 33. The Orders revoked by article 4 of this Order were made under sections 3 and 4(1) of the Internationally Protected Persons Act 1978 (c. 17) which were themselves revoked by section 37(1) of, and Schedule 2 to, the 1989 Act.

[^f00003]: Paragraph 15 of Schedule 1 was amended by section 22 of the Criminal Justice (International Co-operation) Act 1990 (c. 5).

[^f00004]: S.I. 1979/453.

[^f00005]: S.I. 1982/147.

[^f00006]: S.I. 1985/1990.

[^f00007]: S.I. 1986/2013.

[^f00008]: S.I. 1987/2042.

[^f00009]: 1989 c. 33.