Statutory Instrument 1990 No. 1507

The European Convention on Extradition Order 1990

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1990 No. 1507

EXTRADITION

The European Convention on Extradition Order 1990

At the Court at Buckingham Palace, the 24th day of July 1990

Present,

The Queen's Most Excellent Majesty in Council

Whereas the European Convention on Extradition (hereinafter referred to as "the Convention") the terms of which are set out in Schedule 1 to this Order, was opened for signature by Members of the Council of Europe on 13th December 1957:

And whereas the States listed in Schedule 2 to this Order are parties to the Convention, and have made certain reservations and declarations, the terms of which are set out in Schedule 3 to this Order:

And whereas the Convention provides for denunciation by means of a notice given by a party to it, such denunciation to take effect six months after the date when the Secretary-General of the Council of Europe receives such notice:

And whereas it is intended to ratify the Convention and to make the reservations and notification set out in Schedule 4 to this Order:

And whereas the Convention with the said reservations is in conformity with the provisions of the Extradition Act 1989 ("the 1989 Act")^[1], in particular with the restrictions on return contained in Part II of that Act:

And whereas section 4(1) of the 1989 Act provides that where general extradition arrangements have been made, Her Majesty may by Order in Council reciting or embodying their terms, direct that the 1989 Act, so far as it relates to extradition procedures under Part III of that Act, shall apply between the United Kingdom and the foreign State or any foreign State with which they have been made, subject to the limitations, restrictions, exceptions and qualifications in the Order:

And whereas section 3(2) of the 1989 Act provides that for the purpose of extradition procedures under Part III of the Act, a State which is a party to the Convention may be treated as a foreign State:

Now, therefore, Her Majesty, in exercise of the powers conferred on Her by sections 2 and 21 of the Extradition Act 1870^[2] and sections 4(1) and 37(3) of the 1989 Act or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:-

    1.    This Order may be cited as the European Convention on Extradition Order 1990, and shall come into force on the date, to be notified in the London, Edinburgh and Belfast Gazettes, on which the European Convention on Extradition enters into force for the United Kingdom.

    2.—(1)  Subject to the provisions of this Order, the 1989 Act, so far as it relates to extradition procedures under Part III of that Act, shall apply as between the United Kingdom and any foreign State, party to the Convention, which is listed in Part I of Schedule 2 to this Order; and any such State is in this Order referred to as a "Convention State".

    (2)  For this purpose, Cyprus shall be treated as a foreign State.

    3.    Where an extradition request is made by a Convention State in respect of a person accused of an offence, it shall not be necessary
 (a) for that State to furnish the court of committal with evidence sufficient to warrant the trial of that person if the extradition crime had taken place within the jurisdiction of the court; or
 (b) for the court of committal to be satisfied that there is evidence sufficient to warrant the trial of that person.

    4.    The operation of this Order is limited to the United Kingdom, the Channel Islands and the Isle of Man.

    5.—(1)  Subject to the following provisions of this article, the Orders listed in Schedule 5 to this Order are hereby revoked.

    (2)  Notwithstanding the foregoing paragraph, the Orders listed in Schedule 5 to this Order shall continue to have effect
 (a) for the purposes of disposing of any requisition for the surrender of a fugitive criminal to a Convention State in respect of which an order under paragraph 4(2) of Schedule 1 to the 1989 Act was made before this Order came into force;
 (b) insofar as they relate to extradition between any territory for whose interna tional relations a Convention State is responsible, but to which the Convention does not apply, and the United Kingdom, the Channel Islands, the Isle of Man or any colony.

    (3)  Sub-paragraph (a) of the foregoing paragraph is without prejudice to the operation of section 16(1)(e) of the Interpretation Act 1978^[3].

G. I. de Deney

Clerk of the Privy Council

[1] 1989 c. 33. back

[2] 1870 c. 52. back

[3] 1978 c. 30. back

Explanatory Note