The Extradition (Overseas Territories) Order 2002

PART I INTRODUCTORY

General

1.—(2) Subject to the provisions of this Act, a person in a listed territory who is accused of an extradition crime—

(a) in the United Kingdom;

(b) in a designated Commonwealth country;

(c) in a British overseas territory; or

(d) in Ireland,

or who is alleged to be unlawfully at large after conviction of such an offence in any such country or in a British overseas territory, may be arrested and returned to that country or British overseas territory in accordance with extradition procedures under Part III of this Act.

Extradition Crimes

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.

Designation etc.

5.—(1) In this Act as it has effect under the law of a listed territory, “designated Commonwealth country” means any country that is for the time being a designated Commonwealth country under this Act as it has effect under the law of the United Kingdom.

(2) This Act has effect in relation to all British overseas territories.

(3) Subject to any provision made by the Governor of a territory under subsection (4) below, any Order of Her Majesty in Council made under section 5(3) of this Act as it has effect under the law of the United Kingdom, and any provision made by an Order of Her Majesty in Council in reliance on section 5(4) of this Act as it so has effect, shall have effect also under the law of a listed territory.

(4) The Governor of a listed territory may, by order made with the approval of the Secretary of State, direct that any Order of Her Majesty in Council made under section 5(3) of this Act as it has effect under the law of the United Kingdom, or any provision made by an Order of Her Majesty in Council in reliance on section 5(4) of this Act as it so has effect, shall not have effect under the law of that listed territory or shall have effect subject to such exceptions, adaptations or modifications as may be specified in the Governor’s order.

(5) The Governor of a listed territory may by order direct that this Act shall have effect in relation to the return of persons to, or in relation to persons returned from, any designated Commonwealth country or any British overseas territory subject to such exceptions, adaptations or modifications as may be specified in the order.

(6) Any order under this section may contain such transitional or other incidental and supplementary provisions as may appear to the Governor to be necessary or expedient.

(7) For the purposes of any order under section 5(1) of this Act as it has effect under the law of the United Kingdom, any territory for the external relations of which a Commonwealth country is responsible may be treated as part of that country or, if the Government of that country so requests, as a separate country.

(8) Any order made by the Governor of a territory under this section shall be published in the Official Gazette of the territory.