Office of Public Sector Information
PART I continued
(1) For the purposes of this Part of this Act foreign documents may be authenticated by the oath of a witness, but shall in any case be deemed duly authenticated—
(a) if they purport to be signed or certified by a judge, magistrate or officer of the foreign state where they were issued; and
(b) if they purport to be certified by the Minister of Justice, or some other Minister of State, of the foreign state.
(2) Judicial notice shall be taken of such certification as is mentioned in subsection (1)(b) above, and documents authenticated by such certification shall be received in evidence without further proof.
(1) Any person remanded or committed to custody under this Part of this Act shall be committed to the like institution as a person charged with an offence before the court of committal.
(2) If any person who is in custody by virtue of a warrant under this Part of this Act escapes out of custody, he may be retaken in any part of the United Kingdom in like manner as a person escaping from custody under a warrant for his arrest issued in that part in respect of an offence committed in that part.
(3) Where a person, being in custody in any part of the United Kingdom whether under this Part of this Act or otherwise, is required to be removed in custody under this Part of this Act to another part of the United Kingdom and is so removed by sea or by air, he shall be deemed to continue in legal custody until he reaches the place to which he is required to be removed.
(4) A warrant for the return of any person to a foreign state shall be sufficient authority for all persons to whom it is directed and all constables to receive that person, keep him in custody and convey him into the jurisdiction of that foreign state.
(1) Any warrant or order to be issued or made by the Secretary of State under this Part of this Act shall be given under the hand of the Secretary of State, a Minister of State or an Under-Secretary of State.
(2) The Secretary of State may by regulations made by statutory instrument prescribe the form of any document (except a notice required under section 10(2) above) required for the purposes of this Part of this Act.
(1) Where any person is returned to the United Kingdom by a foreign state in pursuance of general or special extradition arrangements, he shall not, unless he has first been restored or had an opportunity of leaving the United Kingdom, be triable or tried for any offence committed prior to the surrender in any part of the United Kingdom, other than—
(a) an offence in respect of which he was returned; or
(b) any offence disclosed by the particulars furnished to the foreign state on which his return is grounded; or
(c) any other offence in respect of which the foreign state may consent to his being tried.
(2) Where any person returned to the United Kingdom in pursuance of general or special extradition arrangements has been convicted before his return of an offence for which his return was not granted, any punishment for that offence shall by operation of this section be remitted; but his conviction for it shall be treated as a conviction for all other purposes.
(1) This section applies to any person accused of an offence under the law of the United Kingdom who is returned to the United Kingdom in pursuance of general or special extradition arrangements.
(2) If in the case of a person to whom this section applies either—
(a) proceedings against him for the offence for which he was returned are not begun within the period of six months beginning with the day of his arrival in the United Kingdom on being returned; or
(b) on his trial for that offence, he is acquitted or discharged under any of the following provisions—
(i) section 7(1) of the [1973 c. 62.] Powers of Criminal Courts Act 1973;
(ii) section 182 or 383 of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975;
(iii) section 5(1) of the [1950 c. 7 (N.I.).] Probation Act (Northern Ireland) 1950,
the Secretary of State may, if he thinks fit, on the request of that person, arrange for him to be sent back free of charge and with as little delay as possible to the foreign state from which he was returned.
(1) This section applies where—
(a) a request is made—
(i) by some person recognised as a diplomatic representative of a foreign state in the case of which the [1870 c. 52.] Extradition Act 1870 applies or as between which and the United Kingdom extradition procedures under this Part of this Act are available; or
(ii) by or on behalf of the Government of a Commonwealth country which is a designated Commonwealth country, as defined in subsection (1) of section 2 of the [1967 c. 68.] Fugitive Offenders Act 1967, or the Governor of a United Kingdom dependency, as defined in subsection (2) of that section,
for the arrest and return of a person in the United Kingdom who is alleged to be unlawfully at large from a prison in which he was serving a sentence in pursuance of international arrangements for the repatriation of prisoners sentenced in one country (“the country of conviction”) to serve their sentences in another (“the country of imprisonment”); and
(b) there are furnished with the request—
(i) particulars of the person whose return or surrender is requested;
(ii) particulars of the offence of which he was convicted (including information sufficient to justify the issue of a warrant for his arrest under the relevant legislation);
(iii) a certificate of the conviction and sentence; and
(iv) a certificate of the international arrangements for repatriation under which he was held.
(2) Where this section applies, the relevant legislation shall have effect—
(a) if the request is from the country of conviction, as if the person to whom the request relates were alleged to be unlawfully at large from a prison in that country; and
(b) if it is from the country of imprisonment, as if he were alleged to have been convicted of a corresponding offence under the law of that country committed there,
and the question whether the person to whom the request relates is to be returned shall be determined, subject to subsection (3) below, in accordance with that legislation.
(3) A person shall not be returned under subsection (2)(b) above unless—
(a) the offence was committed in the country of conviction; or
(b) the offence was not committed there but was committed in circumstances in which he might be returned on a request made by the country of conviction.
(4) In this section “the relevant legislation” means—
(a) if the request is made by some person recognised as a diplomatic representative of a foreign state in the case of which the [1870 c. 52.] Extradition Act 1870 applies, the Extradition Acts 1870 to 1935 as they apply in the case of that state;
(b) if it is made by some person recognised as a diplomatic representative of a foreign state as between whom and the United Kingdom extradition procedures under this Part of this Act are available, the following provisions of this Act, as they apply in the case of that state—
(i) section 1(1) to (8); and
(ii) sections 2 to 17; and
(c) if it is made by or on behalf of the Government of a designated Commonwealth country or the Governor of a United Kingdom dependency, the [1967 c. 68.] Fugitive Offenders Act 1967 as it applies in the case of that country or dependency.
(1) Subject to the provisions of this section, sections 1 to 18 above shall extend to the Channel Islands and the Isle of Man, and shall have effect as if each of them were part of the United Kingdom.
(2) Her Majesty may by Order in Council direct that any of the provisions mentioned in subsection (1) above shall, in its application to any of the said islands, have effect subject to such exceptions, adaptations or modifications as may be specified in the Order.
(1) Upon the making of an Order in Council under section 2 above, the provisions of this Act specified in subsection (2) below shall, unless the Order otherwise provides, extend to every colony, as regards the extradition arrangements to which the Order refers, but subject—
(a) to the modifications set out in subsections (3) to (6) below; (b) to any further modifications as to procedure prescribed by the law of the colony; and
(c) to the limitations, restrictions, exceptions and qualifications, if any, contained in the Order.
(2) The provisions of this Act mentioned in subsection (1) above are—
(a) section 1(1) to (8);
(b) sections 3 to 10;
(c) sections 12 to 18; and
(d) this section.
(3) A reference to the colony shall be substituted for any reference to the United Kingdom or Great Britain.
(4) An extradition request may be made to the Governor and the Governor may exercise the powers of the Secretary of State.
(5) A reference to a consular representative recognised by the Governor shall be substituted for the reference in section 4(1) above to a diplomatic representative recognised by the Secretary of State.
(6) Any reference to a magistrate, judge or court shall be construed as a reference to such judicial authority as the law of the colony may provide.
(7) Her Majesty may by Order in Council direct that in any colony specified in the Order—
(a) the [1870 c. 52.] Extradition Act 1870 shall have effect with the amendments made by this Act; and
(b) the [1967 c. 68.] Fugitive Offenders Act 1967 shall have effect with the amendments and repeals so made.
(1) Her Majesty may by Order in Council direct that this section shall extend to any colony specified in the Order in the case of foreign states with whom there are no general extradition arrangements, subject to the limitations, restrictions, exceptions and qualifications, if any, contained in the Order.
(2) Where arrangements have been made in respect of a person under which extradition procedures under this Part of this Act will be available as between a colony to which this section applies and a foreign state, such extradition procedures shall be available in the case of that person, as between the colony and the state with whom the arrangements have been made, subject—
(a) to the modifications of the provisions of this Act specified in subsection (2) of section 20 above set out in subsections (3) to (6) of that section;
(b) to any further modifications as to procedure prescribed by the law of the colony; and
(c) to the limitations, restrictions, exceptions and qualifications, if any, contained in the arrangements.
(3) The provisions of this Act mentioned in section 20(2)(a) to (c) above shall extend to the colony so far as is necessary for the purposes of the arrangements.
(4) If the governor or the Secretary of State issues a certificate—
(a) that such arrangements have been made; and
(b) that extradition procedures are available in the case of the person named in the certificate as between the colony and the foreign state to the extent specified in the certificate,
it shall be conclusive evidence of all matters stated in it.
(1) Schedule 1 to the [1978 c. 26.] Suppression of Terrorism Act 1978 shall be amended as follows.
(2) The following sub-paragraph shall be inserted before paragraph 8(a)—
“(za) section 4 (soliciting etc. to commit murder);”.
(3) The following shall be inserted after paragraph 9—
“9A The offence of torture under section 134 of the Criminal Justice Act 1988.”.
(4) The following shall be inserted after paragraph 13—
13A An offence under any provision of the Nuclear Material (Offences) Act 1983.”.
(5) The following shall be added at the end—
21 An offence of conspiring to commit any offence mentioned in a preceding paragraph of this Schedule.”.
Criminal Justice Act 1988