The Extradition (Overseas Territories) Order 2002

2.—(1) In this Act “extradition crime” means—

(a) conduct in the territory of the United Kingdom, Ireland, a designated Commonwealth country or a British overseas territory which, if it occurred in the relevant listed territory, would constitute an offence punishable with imprisonment for a term of 12 months, or any greater punishment, and which, however described in the law of the United Kingdom, Ireland, Commonwealth country or British overseas territory, is so punishable under that law;

(b) an extra-territorial offence against the law of the United Kingdom, Ireland, a designated Commonwealth country or a British overseas territory which is punishable under that law with imprisonment for a term of 12 months, or any greater punishment, and which satisfies—

(i) the condition specified in subsection (2) below; or

(ii) all the conditions specified in subsection (3) below.

(2) The condition mentioned in subsection (1)(b)(i) above is that in corresponding circumstances equivalent conduct would constitute an extra-territorial offence against the law of the relevant listed territory punishable with imprisonment for a term of 12 months, or any greater punishment.

(3) The conditions mentioned in subsection (1)(b)(ii) above are—

(a) that the United Kingdom, Ireland, designated Commonwealth country or British overseas territory bases its jurisdiction on the nationality of the offender;

(b) that the conduct constituting the offence occurred outside the relevant listed territory; and

(c) that, if it occurred in that listed territory it would constitute an offence under the law of that territory punishable with imprisonment for a term of 12 months, or any greater punishment.

(4) For the purposes of subsections (1) to (3) above—

(a) the law of the United Kingdom, Ireland, a designated Commonwealth country or a British overseas territory includes the law of any part of it;

(b) conduct in a dependency of a designated Commonwealth country, or a vessel, aircraft or hovercraft of such a country, shall be treated as if it were conduct in the territory of that country; and

(c) conduct in a vessel, aircraft or hovercraft of the United Kingdom, or of a British overseas territory, or of Ireland shall be treated as if it were conduct in the United Kingdom or in that British overseas territory or in Ireland; but

(d) reference shall be made to the law of a dependency of a designated Commonwealth country, and not (where different) to the law of the Commonwealth country, to determine the level of punishment applicable to conduct in that dependency.