The Extradition Act 2003 (Overseas Territories) Order 2016

SCHEDULE 4 — Modifications to provisions of the Act where extradition request involves multiple offences

General modification

1

• (1) Unless the context otherwise requires, any reference in the Act to an offence (including a reference to an extradition offence) is to be construed as a reference to offences (or extradition offences).

• (2) Subparagraph (1) does not apply to any reference to an offence—

• (a) in a modification made by this Schedule, or

• (b) in a provision of the Act which is relevant to such a modification.

Arrest warrant following extradition request

2

• (1) Section 71 is modified as follows.

• (2) For subsection (2)(a) substitute—

(a) any of the offences in respect of which extradition is requested are extradition offences.

• (3) In subsection (2)(b) after “evidence” insert “in relation to that offence”.

Provisional warrant

3

• (1) Section 73 is modified as follows.

• (2) For subsection (3)(a) substitute—

(a) any of the offences in respect of which extradition is requested are extradition offences.

• (3) In subsection (3)(b) after “evidence” insert “in relation to that offence”.

Initial stages of extradition hearing

4

• (1) Section 78 is modified as follows.

• (2) In subsection (2) after “(or include)” insert “in relation to each offence”.

• (3) In subsection (3) after “discharge” insert “in relation to the relevant offence only”.

• (4) In subsection (4)(b) for “the offence” substitute “each offence”.

• (5) In subsection (6) after “discharge” insert “in relation to that offence”.

• (6) For subsection (7) substitute—

(7) If the judge decides those questions in the affirmative in relation to one or more offences he must proceed under section 79.

Bars to extradition

5

• (1) Section 79 is modified as follows.

• (2) For subsection (3) substitute—

(3) If the judge decides any of the questions in subsection (1) in the affirmative in relation to any offence, he must order the person’s discharge in relation to that offence only.

• (3) For subsection (4) substitute—

(4) If the judge decides those questions in the negative in relation to any offence and the person is accused of the commission of the extradition offences but is not alleged to be unlawfully at large after conviction of it, the judge must proceed under section 84 in relation to that offence.

• (4) For subsection (5) substitute—

(5) If the judge decides any of those questions in the negative in relation to any offence and the person is alleged to be unlawfully at large after conviction of it, the judge must proceed under section 85 in relation to that offence.

Case where person has not been convicted

6

• (1) Section 84 is modified as follows.

• (2) In subsection (1) after “evidence” insert “in relation to each offence”.

• (3) In subsection (5) after “discharge” insert “in relation to that offence”.

• (4) In subsections (6) and (7)(b) after “section 87” insert “in relation to that offence”.

Case where person has been convicted

7

• (1) Section 85 is modified as follows.

• (2) In subsection (1) after “decide” insert “in relation to each offence”.

• (3) In subsection (2) after “section 87” insert “in relation to the offence”.

• (4) In subsection (4) after “section 87” insert “in relation to the offence”.

• (5) In subsection (6) after “section 86” insert “in relation to the offence”.

• (6) In subsection (7) after “discharge” insert “in relation to the offence”.

Conviction in person’s absence

8

• (1) Section 86 is modified as follows.

• (2) In subsection (1) after “decide” insert “in relation to each offence”.

• (3) In subsection (5) after “discharge” insert “in relation to the offence”.

• (4) In subsection (6) after “section 87” insert “in relation to the offence”.

• (5) In subsection (7)(b) after “section 87” insert “in relation to the offence”.

Human rights

9

• (1) Section 87 is modified as follows.

• (2) In subsection (1) after “decide” insert “in relation to each offence”.

• (3) In subsection (2) after “discharge” insert “in relation to the offence”.

• (4) In subsection (3) after “extradited” insert “for the offence in question”.

Case sent to Governor

10

• (1) Section 92 is modified as follows.

• (2) In subsection (2)(a) after “Supreme Court” insert “in relation to each relevant offence”.

Governor’s consideration of case

11

• (1) Section 93 is modified as follows.

• (2) In subsection (2) after “decide” insert “in relation to each offence”.

• (3) In subsection (3) after “discharge” insert “in relation to the offence”.

• (4) In subsection (4)—

• (a) after “negative” insert “in relation to the offence in question”, and

• (b) after “requested” insert “for that offence”.

Death penalty

12

• (1) Section 94 is modified as follows.

• (2) In subsection (1) after the first “extradition territory” insert “in relation to an offence”.

• (3) In subsection (2) after “assurance” insert “in relation to the relevant offence”.

Speciality

13

• (1) Section 95 is modified as follows.

• (2) In subsection (2) after “section 127” insert “in relation to all offences contained in the extradition request”.

Information

14

• (1) Section 100 is modified as follows.

• (2) In subsection (1)(b) after “Supreme Court” insert “in relation to each relevant offence”.

• (3) In subsection (2) after “extradition” insert “in relation to the offence”.

• (4) In subsection (4) after “discharge” insert “in relation to an offence”.

Appeal where case sent to Governor

15

• (1) Section 103 is modified as follows.

• (2) In subsection (1) after “relevant decision” insert “in relation to each offence”.

• (3) In subsection (2) after “section 127” insert “in relation to the offence”.

• (4) In subsection (6) after “discharge” insert “in relation to the offence”.

• (5) In subsection (7) after “discharge” insert “in relation to the offence”.

Court’s powers on appeal under section 103

16

• (1) Section 104 is modified as follows.

• (2) In subsection (5) after “it must” insert “in relation to the relevant offence only”.

Appeal against discharge at extradition hearing

17

• (1) Section 105 is modified as follows.

• (2) In subsection (1) after “discharge” insert “in relation to an offence”.

Court’s powers on appeal under section 105

18

• (1) Section 106 is modified as follows.

• (2) In subsection (6) after “it must” insert “in relation to the relevant offence only”.

Detention pending conclusion of appeal under section 105

19

• (1) Section 107 is modified as follows.

• (2) In subsection (1) after “section 105” insert “in relation to at least one offence”.

• (3) In subsection (4) after “times” insert “taking all offences contained in the extradition request together”.

Appeal against extradition order

20

• (1) Section 108 is modified as follows.

• (2) In subsection (1) after “extradition” insert “in relation to an offence”.

• (3) In subsection (2) after “extradition” insert “in relation to the offence”.

Court’s powers on appeal under section 108

21

• (1) Section 109 is modified as follows.

• (2) In subsection (5) after “it must” insert “in relation to the relevant offence only”.

Appeal against discharge by Governor

22

• (1) Section 110 is modified as follows.

• (2) In subsection (1) after “discharge” insert “in relation to an offence”.

Court’s powers on appeal under section 110

23

• (1) Section 111 is modified as follows.

• (2) In subsection (5) after “it must” insert “in relation to the relevant offence only”.

Detention pending conclusion of appeal under section 110

24

• (1) Section 112 is modified as follows.

• (2) In subsection (2)(b) for “the appeal” substitute “any appeal”.

Appeal to Judicial Committee

25

• (1) Section 114 is modified as follows.

• (2) In subsection (1) after “Supreme Court” insert “in relation to each offence”.

Powers of Judicial Committee on appeal under section 114

26

• (1) Section 115 is modified as follows.

• (2) In subsection (3) after “must” insert “in relation to the relevant offence only”.

• (3) In subsection (5) after “must” insert “in relation to the relevant offence only”.

• (4) In subsection (7) after “must” insert “in relation to the relevant offence only”.

Extradition where no appeal

27

• (1) Section 117 is modified as follows.

• (2) In subsection (1) after “person’s extradition” insert “in relation to an offence”.

Extradition following appeal

28

• (1) Section 118 is modified as follows.

• (2) In subsection (2)(b) after “discontinued” insert—

, or (c) if there is more than one appeal outstanding in relation to offences contained in the same extradition request, the day on which the last decision of the relevant court becomes final or on which the last proceedings on the appeal are discontinued.

Withdrawal of request before end of extradition hearing

29

• (1) Section 122 is modified as follows.

• (2) In subsection (1) after “extradition” insert “in relation to an offence”.

• (3) In subsection (3) after “discharge” insert “in relation to the offence”.

Withdrawal of request after case sent to Governor

30

• (1) Section 123 is modified as follows.

• (2) In subsection (1) after “extradition” insert “in relation to an offence”.

• (3) In subsection (3) after “discharge” insert “in relation to the offence”.

Withdrawal of request while appeal to Supreme Court pending

31

• (1) Section 124 is modified as follows.

• (2) In subsection (1) after “extradition” insert “in relation to an offence”.

• (3) In subsection (3) after “must” insert “in relation to the offence”.

• (4) In subsection (4) after “appeal” insert “in relation to the offence”.

Withdrawal of request while appeal to Judicial Committee pending

32

• (1) Section 125 is modified as follows.

• (2) In subsection (1) after “extradition” insert “in relation to an offence”.

• (3) In subsection (3) after “must” insert “in relation to the offence”.

• (4) In subsection (4) after “appeal” insert “in relation to the offence”.

Consent to extradition: general

33

• (1) Section 127 is modified as follows.

• (2) In subsection (1) after “requested” insert “in relation to one or more offences contained in the extradition request”.

• (3) In subsection (2) after “his extradition” insert “in relation to one or more offences contained in the extradition request”.

Consent to extradition before case sent to Governor

34

• (1) Section 128 is modified as follows.

• (2) In subsection (2) after “so” insert “unless there are other offences contained in the extradition request in relation to which the person has not consented to his extradition”.

• (3) In subsection (3) after “91” insert “unless there are other offences contained in the extradition request in relation to which the person has not consented to his extradition”.

National security

35

• (1) Section 208 is modified as follows.

• (2) In subsection (2) for “an offence” substitute “more than one offence”.

• (3) In subsection (3)(a) for “the offence” substitute “any of the offences”.

• (4) In subsection (3)(b) for “the offence” substitute “the offence in question”.

• (5) In subsection (4) after “the offence” insert “in question”.

• (6) In subsection (6) after “the offence” insert “in question only”.

• (7) In subsection (7) after “discharge” insert “in relation to the offence”.

SCHEDULE 5 — Revocations

PART 1

• The Albania (Extradition) Order in Council 1927¹⁹

• Order in Council directing that the Extradition Acts shall apply in the case of the Argentine Republic²⁰

• The Argentine Republic (Extradition) (Amendment) Order 1980²¹

• The Austria (Extradition) (Extension) Order 1972²²

• Orders in Council directing that the Extradition Acts shall apply in the case of Belgium²³

• The Belgium (Extradition) (Amendment) Order 1975²⁴

• The Belgium (Extradition) (Amendment) Order 1985²⁵

• Order in Council directing that the Extradition Acts shall apply in the case of Bolivia²⁶

• Order in Council directing that the Extradition Acts shall apply in the case of Chile²⁷

• Order in Council directing that the Extradition Acts shall apply in the case of Colombia²⁸

• Order in Council directing that the Extradition Acts shall apply in the case of Cuba²⁹

• The Czechoslovakia (Extradition) Order in Council 1926³⁰

• The Denmark (Extradition) Order in Council 1936³¹

• The Denmark (Extradition) (Amendment) Order 1979³²

• Order in Council directing that the Extradition Acts shall apply in the case of the Republic of Ecuador³³

• Order in Council directing that the Extradition Acts shall apply in the case of Salvador³⁴

• The Finland (Extradition) Order 1976³⁵

• Order in Council directing that the Extradition Acts shall apply in the case of France³⁶

• The France (Extradition) (Amendment) Order 1978³⁷

• The Federal Republic of Germany (Extradition) Order 1960³⁸

• Order in Council directing that the Extradition Acts shall apply in the case of Greece³⁹

• Order in Council directing that the Extradition Acts shall apply in the case of Guatemala⁴⁰

• Order in Council directing that the Extradition Acts shall apply in the case of the Republic of Hayti⁴¹

• Order in Council directing that the Extradition Acts shall apply in the case of Austria–Hungary⁴²

• The Hungary (Extradition) Order in Council 1937⁴³

• The Iceland (Extradition) Order in Council 1939⁴⁴

• The Iraq (Extradition) Order in Council 1933⁴⁵

• The Israel (Extradition) Order 1960⁴⁶

• The Israel (Extradition) (Amendment) Order 1978⁴⁷

• Order in Council directing that the Extradition Acts shall apply in the case of Italy⁴⁸

• Order in Council directing that the Extradition Acts shall apply in the case of the Republic of Liberia⁴⁹

• Order in Council directing that the Extradition Acts shall apply in the case of the Grand Duchy of Luxembourg⁵⁰

• The Luxembourg (Extradition) Order in Council 1951⁵¹

• Order in Council directing that the Extradition Acts shall apply in the case of Mexico⁵²

• Order in Council directing that the Extradition Acts shall apply in the case of Monaco⁵³

• Order in Council directing that the Extradition Acts shall apply in the case of the Netherlands⁵⁴

• Order in Council directing that the Extradition Acts shall apply in the case of the Republic of Nicaragua⁵⁵

• Orders in Council directing that the Extradition Acts shall apply in the case of the Kingdom of Norway⁵⁶

• The Norway (Extradition) (Amendment) Order 1979⁵⁷

• The Norway (Extradition) (Amendment) Order 1985⁵⁸

• Order in Council directing that the Extradition Acts shall apply in the case of the Republic of Panama⁵⁹

• Order in Council directing that the Extradition Acts shall apply in the case of the Republic of Paraguay⁶⁰

• Order in Council directing that the Extradition Acts shall apply in the case of the Republic of Peru⁶¹

• The Poland (Extradition) Order in Council 1934⁶²

• Order in Council directing that the Extradition Acts shall apply in the case of Portugal⁶³

• The Portugal (Extradition) Order in Council 1933⁶⁴

• Order in Council directing that the Extradition Acts shall apply in the case of Roumania⁶⁵

• Order in Council directing that the Extradition Acts shall apply in the case of San Marino⁶⁶

• Order in Council directing that the Extradition Acts shall apply in the case of Servia⁶⁷

• Order in Council directing that the Extradition Acts shall apply in the case of Siam⁶⁸

• The Spain (Extradition) (Dependent Territories) Order 1991⁶⁹

• The Sweden (Extradition) (Extension) Order 1966⁷⁰

• The Sweden (Extradition) (Amendment) Order 1980⁷¹

• Orders in Council directing that the Extradition Acts shall apply in the case of Switzerland⁷²

• The Switzerland (Extradition) Order in Council 1935⁷³

• The United States of America (Extradition) Order 1976⁷⁴

• The United States of America (Extradition) (Amendment) Order 1986⁷⁵

• The United States of America (Extradition) (Amendment) Order 1987⁷⁶

• Orders in Council directing that the Extradition Acts shall apply in the case of Uruguay⁷⁷

• The Extradition (Sovereign Base Areas of Akrotiri and Dhekelia) Order 1970⁷⁸

• The Extradition (Designated Commonwealth Countries) Order 1991⁷⁹

• The Extradition (Turks and Caicos Islands) Order 1985⁸⁰

• The European Convention on Extradition (Dependent Territories) Order 1996⁸¹

• The Extradition (Designated Commonwealth Countries) Order 1991 (Amendment) Order 1997⁸²

• The Extradition (Overseas Territories) Order 2002⁸³

• The Extradition (Overseas Territories) (Hong Kong) Order 2002⁸⁴

• The Extradition (Overseas Territories) (Application to Hong Kong) Order 2002⁸⁵

• The Extradition (Designated Commonwealth Countries) (Amendment) Order 2003⁸⁶

• The Sovereign Base Areas (Judicial Authorities) Order 2004⁸⁷

• The Overseas Territories (Change of Name) Order 2011⁸⁸

• The Overseas Territories (Change of Name) (No. 2) Order 2011⁸⁹

• The Overseas Territories (Change of Name) (No. 3) Order 2011⁹⁰

• The Overseas Territories (Change of Name) (No. 4) Order 2011⁹¹

• The Overseas Territories (Change of Name) (No. 5) Order 2011⁹²

PART 2

• The Extradition (Genocide) Order 1970⁹³

• The Extradition (Genocide) (Amendment) Order 1982⁹⁴

• The Extradition (Genocide) (Amendment) Order 1986⁹⁵

• The Extradition (Aviation Security) Order 1997⁹⁶

• The Extradition (Drug Trafficking) Order 1997⁹⁷

• The Extradition (Hijacking) Order 1997⁹⁸

• The Extradition (Internationally Protected Persons) Order 1997⁹⁹

• The Extradition (Protection of Nuclear Material) Order 1997¹⁰⁰

• The Extradition (Safety of Maritime Navigation) Order 1997¹⁰¹

• The Extradition (Taking of Hostages) Order 1997¹⁰²

• The Extradition (Tokyo Convention) Order 1997¹⁰³

• The Extradition (Torture) Order 1997¹⁰⁴

• The Extradition (Torture) (Amendment) Order 2003¹⁰⁵

• The Extradition (Terrorist Bombings) Order 2002¹⁰⁶

Signed

Richard Tilbrook — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order extends provisions of the Extradition Act 2003, with modifications, to all British overseas territories except Gibraltar (which has its own extradition legislation). For the purposes of this Order, all territories that are specified as category 1 territories and category 2 territories under the 2003 Act are designated as “extradition territories”, together with the United Kingdom, the Channel Islands and the Isle of Man, and all British overseas territories. The Order therefore makes provision for extradition between all these territories and the British overseas territories to which the Order extends. It also enables the list of “extradition territories” for the purposes of the Order to be varied in the future. The Order also makes provision for police powers in the context of extradition, and for further modifications to the 2003 Act as extended in cases where an extradition request involves more than one offence.

Footnotes