Criminal Justice Act 1988

81 The following sections shall be inserted after section 93 of the Civil Aviation Act 1982—

“93A Extradition under Part I of Criminal Justice Act 1988

(1) Where—

(a) no such arrangement as is mentioned in section 2 of the [1870 c. 52.] Extradition Act 1870 has been made with a Convention country; and

(b) general extradition arrangements have not been made with that country under Part I of the Criminal Justice Act 1988,

Her Majesty may by Order in Council direct that the provisions of the Criminal Justice Act 1988 specified in subsection (2) below shall apply as between the United Kingdom and that country, subject to the limitations, restrictions, exceptions and qualifications, if any, contained in the Order, as if the Convention constituted general extradition arrangements made with that country under Part I of that Act, but only in respect of the following offences—

(i) an offence committed on board an aircraft in flight registered in that country;

(ii) an attempt to commit such an offence;

(iii) counselling, procuring, commanding, aiding or abetting such an offence; and

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

(2) The provision of the Criminal Justice Act 1988 mentioned in subsection (1) above are—

(a) section 1(1) to (8);

(b) sections 3 to 10; and

(c) sections 12 to 18.

(3) An Order in Council under this section may not provide that a court dealing with a person arrested for an offence mentioned in subsection (1) above shall not be under a duty to determine whether the evidence would be sufficient to warrant his trial if the offence had taken place within the jurisdiction of the court.

(4) Subsections (4) and (5) of section 92 above shall apply for the purposes of this section as they apply for the purposes of that section.

93B Extradition under 1870 Act

(1) Sections 17 and 22 of the Extradition Act 1870 shall extend to section 93 above.

(2) Sections 19 and 20 of the Criminal Justice Act 1988 shall extend to section 93A above and to section 92(4) and (5) above as they apply for the purposes of section 93A above.”.