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The Extradition (Safety of Maritime Navigation)Order 1997

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Article 11

1.  The offences set forth in Article 3 shall be deemed to be included as extraditable offences in any extradition treaty existing between any of the States Parties. States Parties undertake to include such offences as extraditable offences in every extradition treaty to be concluded between them.

2.  If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, the requested State Party may, at its option, consider this Convention as a legal basis for extradition in respect of the offences set forth in Article 3. Extradition shall be subject to the other conditions provided by the law of the requested State Party.

3.  States Parties which do not make extradition conditional on the existence of a treaty shall recognize the offences set forth in Article 3 as extraditable offences between themselves, subject to the conditions provided by the law of the requested State.

4.  If necessary, the offences set forth in Article 3 shall be treated, for the purposes of extradition between States Parties, as if they had been committed not only in the place in which they occurred but also in a place within the jurisdiction of the State Party requesting extradition.

5.  A State Party which receives more than one request for extradition from States which have established jurisdiction in accordance with Article 7 and which decides not to prosecute shall, in selecting the State to which the offender or alleged offender is to be extradited, pay due regard to the interests and responsibilities of the State Party whose flag the ship was flying at the time of the commission of the offence.

6.  In considering a request for the extradition of an alleged offender pursuant to this Convention, the requested State shall pay due regard to whether his rights as set forth in Article 7, paragraph 3, can be effected in the requesting State.

7.  With respect to the offences as defined in this Convention, the provisions of all extradition treaties and arrangements applicable between States Parties are modified as between States Parties to the extent that they are incompatible with this Convention.

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