Extradition Act 1989 (repealed)

SCHEDULES

Section 1.

SCHEDULE 1 U.K. Provisions deriving from Extradition Act 1870 and associated enactments

Modifications etc. (not altering text)

C1 Sch. 1 amended (1.9.2001) by 2001 c. 17, s. 71 (with ss. 56(2), 63(2), 78); S.I. 2001/2161, art. 2

C2 Sch. 1 (paras. 1-20) applied by S.I. 1991/1699, art. 2.

Sch. 1 (paras. 1-20) applied by S.I. 1991/1701, art. 2.

Sch. 1 (paras. 1-20) applied by S.I. 1991/1702, arts. 2 and 3.

C3 Sch. 1 (paras. 1-20) applied by S.I. 1991/1720, art. 2.

C4 Sch. 1 applied (with modifications) (27.1.1993) by S.I. 1992/3200, arts. 2,3

Sch. 1 applied (1.9.1997) by S.I. 1997/1760, art. 2(1)(b)(2)(b)

Sch. 1 applied (1.9.1997) by S.I. 1997/1762, art. 2(2)

Sch. 1 applied (1.9.1997) by S.I. 1997/1763, art. 2(2)

Sch. 1 applied (1.9.1997) by S.I. 1997/1764, art. 2(2)

Sch. 1 applied (1.9.1997) by S.I. 1997/1765, art. 2(2)

Sch. 1 applied (1.9.1997) by S.I. 1997/1766, art. 2(1)(b)(2)(b)

Sch. 1 applied (1.9.1997) by S.I. 1997/1767, art. 2(2)

Sch. 1 applied (1.9.1997) by S.I. 1997/1768, art. 2(2)

Sch. 1 applied (1.9.1997) by S.I. 1997/1769, art. 2(2)

Sch. 1 applied (27.8.2002) by S.I. 2002/1831, art. 2, Sch. 2

Restrictions on surrender U.K.

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 [F1 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.

Textual Amendments

F1 Words in Sch. 1 para. 1(2)(b) substituted (31.8.2000) by 1999 c. 22, s. 78, Sch. 11 para. 36(1)(2) (with s. 107, Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3

Effect of Order U.K.

2 An Order in Council under section 2 of the M1 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.

Marginal Citations

M1 1870 c. 52.

Liability of criminal to surrender U.K.

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 U.K.

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 [F2 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.

Textual Amendments

F2 Words in Sch. 1 para. 4(2) substituted (31.8.2000) by 1999 c. 22, s. 78, Sch. 11 para. 36(1)(3) (with s. 107, Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3

Issue of warrant by metropolitan magistrate, justice etc. U.K.

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 [F3 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 F4 . . . 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 [F3 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 [F5 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.

Textual Amendments

F3 Words in Sch. 1 para. 5(1)(a)(3) substituted (31.8.2000) by 1999 c. 22, s. 78, Sch. 11 para. 36(1)(4)(a) (with s. 107, Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3

F4 Words in Sch. 1 para. 5(1)(b) repealed (31.8.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. V(3) (with s. 107, Sch. 14 para. 7(2), 36(9)); S.I. 2000/1920, art. 3

F5 Words in Sch. 1 para. 5(4) substituted (31.8.2000) by 1999 c. 22, s. 78, Sch. 11 para. 36(1)(4)(b) (with s. 107, Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3

Hearing of case and evidence of political character of crime U.K.

6 (1) When a fugitive criminal is brought before the [F6 District Judge (Magistrates’ Courts) he] shall [F7 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 M2 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.]

[F8 (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 [F9 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.

Textual Amendments

F6 Words in Sch. 1 para. 6(1) substituted (31.8.2000) by 1999 c. 22, s. 78, Sch. 11 para. 36(1)(5) (with s. 107, Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3

F7 Words in Sch. 1 para. 6(1) substituted (1.4.1997) by 1994 c. 33, s. 158(8)(a); S.I. 1997/882, art. 3.

F8 Sch. 1 para. 6(1A) inserted (1.4.1997) by 1994 c. 33, s. 158(b); S.I. 1997/882, art. 3.

F9 Words in Sch. 1 para. 6(2) substituted (31.8.2000) by 1999 c. 22, s. 78, Sch. 11 para. 36(1)(2) (with s. 107, Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3

Marginal Citations

M2 1985 c. 23.

Committal or discharge of prisoner U.K.

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, [F10 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 [F11 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 [F11 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.

Textual Amendments

F10 Words in Sch. 1 para. 7(1) substituted (1.4.1997) by 1994 c. 33, s. 158(8)(c); S.I. 1997/882, art. 3.

F11 Words in Sch. 1 para. 7(1)(2) substituted (31.8.2000) by 1999 c. 22, s. 78, Sch. 11 para. 36(1)(2) (with s. 107, Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3

Surrender of fugitive to foreign state by warrant of Secretary of State U.K.

8 (1) If the [F12 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.

Textual Amendments

F12 Words in Sch. 1 para. 8(1) substituted (31.8.2000) by 1999 c. 22, s. 78, Sch. 11 para. 36(1)(2) (with s. 107, Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3

Simplified procedure U.K.

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 M3 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.

Marginal Citations

M3 1980 c. 43.

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

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 U.K.

11 The warrant of the [F13 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.

Textual Amendments

F13 Words in Sch. 1 para. 11 substituted (31.8.2000) by 1999 c. 22, s. 78, Sch. 11 para. 36(1)(2) (with s. 107, Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3

Depositions etc to be evidence U.K.

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 U.K.

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 [F14 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 [F15 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.

F16 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 Words in Sch. 1 para. 13(1)(a) substituted (31.8.2000) by 1999 c. 22, s. 78, Sch. 11 para. 36(1)(6)(a) (with s. 107, Sch. 14 para. 7(2); S.I. 2000/1920, art. 3

F15 Words in Sch. 1 para. 13(1)(c) substituted (31.8.2000) by 1999 c. 22, s. 78, Sch. 11 para. 36(1)(6)(b) (with s. 107, Sch. 14 para. 7(2); S.I. 2000/1920, art. 3

F16 Sch. 1 para. 13(2) repealed (31.8.2000) by 1999 c. 22, s. 106, Sch. 11 para. 36(1)(6)(c), Sch. 15 Pt. V(3) (with s. 107, Sch. 14 para. 7(2), 36(9)); S.I. 2000/1920, art. 3

Aircraft U.K.

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 M4 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 M5 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 M6 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.

Marginal Citations

M4 1982 c. 16.

M5 1982 c. 16.

M6 1982 c. 36.

Deemed extension of jurisdiction of foreign states U.K.

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 M7 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 M8 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 M9 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; [F17 . . .]

(i) torture,

[F18 (j) a drug trafficking offence within the meaning of the [F19 Drug Trafficking Act 1994;] . . . F20

(k) an offence to which section 1 of the M10 Criminal Justice (Scotland) Act 1987 relates;][F21 or

[F22 (l)]   .

[F23 (m) a drug trafficking offence within the meaning of the Proceeds of Crime (Northern Ireland ) Order 1996;]][F24 ; or

(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).][F25 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.

Textual Amendments

F17 Word repealed (1.7.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), s. 31(3), Sch. 5; S.I. 1991/1072, art. 2(b), Sch. Pt. II.

F18 Sch. 1 para. 15(j)(k) inserted (1.7.1991) after para. 15(i) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), s. 22(2); S.I. 1991/1072, art. 2(b), Sch. Pt. II.

F19 Words in Sch. 1 para. 15(j) substituted (3.2.1995) by 1994 c. 37, ss. 65, 69(2), Sch. 1 para. 24.

F20 Word “or” immediately following paragraph (j) repealed by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2), s. 53(2), Sch. 4

F21 Sch. 1 para. 15(l) and the word "or" immediately preceding it inserted (1.7.1991) by S.I. 1990/2588 (N.I. 17), art. 38(1), Sch. 2 para. 6; S.R. 1991/220, art. 2

F22 As to Sch. 1 paragraph 15(l) please see below after paragraph 15(q) and in the footnote to paragraph 15(m).

F23 Sch. 1 para. 15(m) substituted (25.8.1996) by S.I. 1996/1299 (N.I. 9), art. 57(1), Sch. 3 para. 9 (the substitution being expressed to be a substitution for paragraph 15(l): at that time there were two paragraphs 15(l) and this text treats the substitution by N.I. 9 as being in place of text of paragraph 15(l) standing by virtue of S.I. 1990/2588 (N.I. 17)).

F24 Sch. 1 para. 15(n)-(q) and word "or" inserted (27.4.1997) by 1997 c. 13, ss. 6(3), 10(2).

F25 Sch. 1 para. 15(l) (beginning “(l) an offence under”) and the word "or" immediately preceding it inserted by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2), s. 53(1), Sch. 3 para. 10

Marginal Citations

M7 1978 c. 17.

M8 1982 c. 28.

M9 1983 c. 18.

M10 1987 c.41 (39:1).

Fugitive criminals in colonies U.K.

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 U.K.

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 U.K.

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 U.K.

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 U.K.

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 M11 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.

Marginal Citations

M11 1870 c. 52.

SCHEDULE 1A U.K. THE 1995 CONVENTION AND THE 1996 CONVENTION

PART 1 U.K. THE 1995 CONVENTION

Application of Act U.K.

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.

Adaptations of Act U.K.

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—

“14A Consent to return

(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 [F26 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.”.

Textual Amendments

F26 Words in Sch. 1A para. 5 substituted (26.6.2002) by The European Union Extradition (Amendment) Regulations 2002 (S.I. 2002/1662), reg. 2(2)

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 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) F27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.”.

Textual Amendments

F27 Sch. 1A para. 10(4) omitted (26.6.2002) by virtue of The European Union Extradition (Amendment) Regulations 2002 (S.I. 2002/1662), reg. 2(3)

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.

[F28 (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.”.]

Textual Amendments

F28 Words in Sch. 1A para. 11(3) inserted (26.6.2002) by The European Union Extradition (Amendment) Regulations 2002 (S.I. 2002/1662), reg. 2(4)

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) ”.

Section 37.

SCHEDULE 2 U.K. Repeals

Chapter	Short Title	Extent of Repeal
33 & 34 Vict. c. 52.	Extradition Act 1870.	The whole Act.
36 & 37 Vict. c. 60.	Extradition Act 1873.	In section 1, the words from the beginning to “and”, in the fourth place where it occurs and the word “alone”.
		Sections 3 and 4.
		Sections 6 to 8.
		The Schedule.
36 & 37 Vict. c. 88.	Slave Trade Act 1873.	Section 27.
58 & 59 Vict. c.33.	Extradition Act 1895.	The whole Act.
6 Edw.7 c. 15.	Extradition Act 1906.	The whole Act.
22 & 23 Geo.5 c. 39.	Extradition Act 1932.	The whole Act.
25 & 26 Geo.5 c. 25.	Counterfeit Currency (Convention) Act 1935.	Section 6(4).
4 & 5 Eliz.2 c. 69.	Sexual Offences Act 1956.	In Schedule 3, the entry relating to the Extradition Act 1873.
9 & 10 Eliz.2 c. 60.	Suicide Act 1961.	In Schedule 1, in Part II, the entry relating to the Extradition Act 1870.
1967 c. 58.	Criminal Law Act 1967.	Section 4(6).
		Section 11(2)(a)(i).
1967 c. 68.	Fugitive Offenders Act 1967.	The whole Act.
1968 c. 60.	Theft Act 1968.	In Part II of Schedule 2, the entry relating to the Extradition Act 1873.
1969 c. 12.	Genocide Act 1969.	In section 2, subsection (1), and in subsection (2), the words “the Acts mentioned in subsection (1) of this section, the Extradition Act 1873 and”.
1969 c. 54.	Children and Young Persons Act 1969.	Section 60.
1971 c. 38.	Misuse of Drugs Act 1971.	Section 33.
197l c. 48.	Criminal Damage Act 197l.	Section 11(4).
1973 c. 62.	Powers of Criminal Courts Act 1973.	In Schedule 5, paragraph 15.
1978 c. 17.	Internationally Protected Persons Act 1978.	Section 3.
		Section 4(1).
1978 c. 26.	Suppression of Terrorism Act 1978.	Section 1(3)(a) and (b).
		Section 2(1).
		Section 3.
1978 c. 31.	Theft Act 1978.	Section 5(3).
1978 c. 37.	Protection of Children Act 1978.	Section 1(6).
1981 c. 61.	British Nationality Act 1981.	In Schedule 7, the entry relating to the Fugitive Offenders Act 1967.
1982 c. 16.	Civil Aviation Act 1982.	Section 93.
1982 c. 28.	Taking of Hostages Act 1982.	Section 3(1) and (4).
		Section 4.
		Section 5(1).
1982 c. 36.	Aviation Security Act 1982.	Section 9.
		Section 39(1).
1983 c. 18.	Nuclear Material (Offences) Act 1983.	Section 5.
		Section 7(1).
1985 c. 38.	Prohibition of Female Circumcision Act 1985.	Section 3(1).
1988 c. 33.	Criminal Justice Act 1988.	Sections 1 to 21.
		Sections 136 and 137.
		Section 138(2) and (3).
		Schedule 1.
		In Schedule 15, paragraphs 34, 54, 55, 57, 81, 83 to 88 and 95 and 96.
1989 c. 4.	Prevention of Terrorism (Temporary Provisions) Act 1989.	In Schedule 8, paragraph 1.