SCHEDULE 9 Minor Amendments
Extradition from the United Kingdom
37
(1)
The M1Extradition Act 1989 shall be amended as follows.
(2)
In section 2(4) (law of, and conduct in, parts or dependencies of foreign States)—
(a)
for the words “subsections (1) to (3) above” there shall be substituted the words “
this Act, except Schedule 1
”
; and
(b)
“(d)
reference shall be made to the law of the colony or dependency of a foreign state or of a designated Commonwealth country, and not (where different) to the law of the foreign state or Commonwealth country, to determine the level of punishment applicable to conduct in that colony or dependency.”.
(3)
In section 7 (procedure for making and implementing extradition requests)—
(a)
in subsection (1)—
(i)
after the word “made” there shall be inserted the words “
to the Secretary of State
”
;
(ii)
“(a)
by—
(i)
an authority in a foreign state which appears to the Secretary of State to have the function of making extradition requests in that foreign state, or
(ii)
some person recognised by the Secretary of State as a diplomatic or consular representative of a foreign state; or” and
(iii)
after paragraph (b), there shall be inserted the words— “
and an extradition request may be made by facsimile transmission and an authority to proceed issued without waiting to receive the original
”
;
(b)
in subsection (2)—
(i)
in paragraph (c), after the word “warrant” there shall be inserted the words “
or a duly authenticated copy of a warrant
”
; and
(ii)
in paragraph (d), after the word “certificate” there shall be inserted the words “
or a duly authenticated copy of a certificate
”
; and
(c)
“(7)
Where an extradition request is made by facsimile transmission this Act (including subsection (2) above) shall have effect as if the foreign documents so sent were the originals used to make the transmission and receivable in evidence accordingly.”.