Extradition Act 1989 (repealed)

22 Extension of purposes of extradition for offences under Acts giving effect to international Conventions. U.K.

(1) Except as provided by subsection (6) below, this section has effect where—

(a) general extradition arrangements have not been made with a state which is a party to a Convention to which this section applies; and

(b) no Order in Council under section 2 of the M1 Extradition Act 1870 is in force in relation to that state.

(2) The Conventions to which this section applies are—

(a) the Convention on Offences and certain other Acts committed on board Aircraft, which was signed at Tokyo on 14th September 1963 (“the Tokyo Convention”);

(b) the Convention for the Suppression of Unlawful Seizure of Aircraft, which was signed at the Hague on 16th December 1970 (“the Hague Convention”);

(c) the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, which was signed at Montreal on 23rd September 1971 (“the Montreal Convention”);

(d) the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons adopted by the United Nations General Assembly in 1973 (“the Internationally Protected Persons Convention”);

(e) the International Convention against the Taking of Hostages opened for signature at New York on 18th December 1979 (“the Hostages Convention”);

(f) the Convention on the Physical Protection of Nuclear Material opened for signature at Vienna and New York on 3rd March 1980 (“the Nuclear Material Convention”);

(g) the United Nations Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment adopted by the United Nations General Assembly on 10th December 1984 (“the Torture Convention”).

[F1 (h) the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances which was signed in Vienna on 20th December 1988 (“the Vienna Convention”).]

[F2 (i) the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Montreal Convention, which was signed at Montreal on 24th February 1988 (“the Montreal Protocol”);

(j) the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, which was signed at Rome on 10th March 1988 (“the Rome Convention”);

(k) the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, which was also signed at Rome on 10th March 1988 (“the Rome Protocol”).]

(3) Where this section has effect, an Order in Council applying this Act may be made under section 4 above as if a Convention to which this section applies that is specified in the Order constituted general extradition arrangements between the United Kingdom and the foreign state, or any foreign state, party to the Convention; but where this Act is so applied, it shall have effect only in respect—

(a) of the relevant offences;

(b) of an attempt to commit a relevant offence;

(c) of counselling, procuring, commanding, aiding or abetting a relevant offence; and

(d) of being accessory before or after the fact to a relevant offence.

(4) The relevant offences are—

(a) in relation to the Tokyo Convention, any offence committed on board an aircraft in flight;

(b) in relation to the Hague Convention, any offence under or by virtue of section 1 or 6(1) or (2)(a) of the M2 Aviation Security Act 1982;

(c) in relation to the Montreal Convention, any offence under or by virtue of section 2, 3 or 6(2)(b) or (c) of that Act;

(d) in relation to the Internationally Protected Persons Convention—

(i) an offence mentioned in paragraph (a) of subsection (1) of section 1 of the M3 Internationally Protected Persons Act 1978 which is committed against a protected person within the meaning of that section;

(ii) an offence mentioned in paragraph (b) of that subsection which is committed in connection with such an attack as is so mentioned; and

(iii) an offence under section 1(3) of that Act;

(e) in relation to the Hostages Convention, an offence under the M4 Taking of Hostages Act 1982;

(f) in relation to the Nuclear Material Convention—

(i) an offence mentioned in paragraph (a), (b), (c) or (d) of subsection (1) of section 1 of the M5 Nuclear Material (Offences) Act 1983 which is committed by doing an act in relation to or by means of nuclear material; and

(ii) an offence under section 2 of that Act; F3 . . .

(g) in relation to the Torture Convention, torture. [F4 F5 . . .

(h) in relation to the Vienna Convention—

(i) any drug trafficking offence within the meaning of the [F6 Drug Trafficking Act 1994;] and

(ii) an offence to which section 1 of the Criminal Justice (Scotland) Act 1987 relates; [F7 and

[F8 (iii) any drug trafficking offence within the meaning of the Proceeds of Crime (Northern Ireland) Order 1996;]]]

[F9 (i) in relation to the Montreal Protocol, an offence under section 1 of the Aviation and Maritime Security Act 1990;

(j) in relation to the Rome Convention, an offence under section 9 or 12 of that Act or an offence under section 11 or 13 of that Act committed in relation to a ship (within the meaning of Part II of that Act); and

(k) in relation to the Rome Protocol, an offence under section 10 of that Act or an offence under section 11 or 13 of that Act committed in relation to a fixed platform (within the meaning of Part II of that Act).]

(5) An Order in Council such as is mentioned in subsection (3) above may not provide that a court dealing with a person arrested for an offence shall not be under a duty to determine whether the evidence would be sufficient to [F10 make a case requiring an answer by that person if the proceedings were the summary trial of an information against him].

(6) For the purposes of general extradition procedures under Part III of this Act, in their application (whether or not by virtue of such an Order in Council) as between the United Kingdom and any other state, any act or omission, wherever it takes place, which constitutes—

(a) an offence mentioned in this section; and

(b) an offence against the law of that state,

shall be deemed to be an offence committed within the territory of that state.

(7) Subsections (4) and (5) of section 92 of the M6 Civil Aviation Act 1982 shall apply for the purposes of this section as they apply for the purposes of that section.

(8) Section 98 of that Act shall have effect as if the reference to sections 92 to 95 included a reference to this section.

Textual Amendments

F1 S. 22(2)(h) inserted (1.7.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), s. 22(3); S.I. 1991/1072, art. 2(b), Sch. Pt. II.

F2 S. 22(2)(i)–(k) inserted by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2), s. 53(1), Sch. 3 para. 9(2)

F3 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.

F4 Word “and” and para. (h) inserted (1.7.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), s. 22(3); S.I. 1991/1072, art. 2(b), Sch. Pt. II.

F5 By Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2), s. 53(2), Sch. 24 it is provided (26.9.1990) that the word “and” immediately following para. (g) is repealed

F6 Words in s. 22(4)(h)(i) substituted (3.2.1995) by 1994 c. 33, ss. 65, 69(2), Sch. 1 para. 23.

F7 S. 22(4)(h)(iii) and preceding word inserted (1.7.1991) by S.I. 1990/2588 (N.I. 17), art. 38(1), Sch. 2 para. 5; S.R. 1991/220, art. 2

F8 S. 22(4)(h)(iii) substituted (25.8.1996) by S.I. 1996/1299 (NI 09), art. 57(1), Sch. 3 para. 8.

F9 S. 22(4)(i)–(k) inserted by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2), s. 53(1), Sch. 3 para. 9(3)

F10 Words in s. 22(5) substituted (1.4.1997) by 1994 c. 33, s. 158(6); S.I. 1997/882, art.2.

Marginal Citations

M1 1870 c. 52.

M2 1982 c. 36.

M3 1978 c. 17.

M4 1982 c. 28.

M5 1983 c. 18.

M6 1982 c. 16.