Extradition Act 1989 (repealed)

Yn ddilys o 25/02/2002

PART 2 U.K. THE 1996 CONVENTION

Application of Act U.K.

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.

Adaptations of Act U.K.

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—

“(aa) 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) After subsection (4) insert—

“(4A) Where the relevant foreign state has made a declaration under Article 6(3) of the 1996 Convention fiscal offences, other than those connected with excise, valued-added tax or customs, are excluded from paragraphs (aa) to (ac) of subsection (4) above.”.

(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.”.

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) ”.