Extradition Act 1989 (repealed)

2 Meaning of “extradition crime”. U.K.

(1) In this Act, except in Schedule 1, “extradition crime” means—

(a) conduct in the territory of a foreign state, a designated Commonwealth country [F1 , a colony or the Hong Kong Special Administrative Region] which, if it occurred in the United Kingdom, 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 foreign state, Commonwealth country or colony [F2 or of the Hong Kong Special Administrative Region], is so punishable under that law;

(b) an extra-territorial offence against the law of a foreign state, designated Commonwealth country or colony [F3 , or of the Hong Kong Special Administrative Region,] 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 [F4 , or

(iii) the condition specified in subsection (3A) 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 United Kingdom 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 foreign state, Commonwealth country or colony [F5 or the Hong Kong Special Administrative Region] bases its jurisdiction on the nationality of the offender;

(b) that the conduct constituting the offence occurred outside the United Kingdom; and

(c) that, if it occurred in the United Kingdom, it would constitute an offence under the law of the United Kingdom punishable with imprisonment for a term of 12 months, or any greater punishment.

[F6 (3A) The condition mentioned in subsection (1)(b)(iii) above is that the conduct constituting the offence constitutes or, if committed in the United Kingdom would constitute—

(a) an offence under section 51 or 58 of the International Criminal Court Act 2001 (genocide, crimes against humanity and war crimes),

(b) an offence under section 52 or 59 of that Act (conduct ancillary to genocide etc. committed outside the jurisdiction), or

(c) an ancillary offence, as defined in section 55 or 62 of that Act, in relation to any such offence.]

(4) For the purposes of [F7 this Act, except Schedule 1]—

(a) the law of a foreign state, designated Commonwealth country or colony includes the law of any part of it and the law of the United Kingdom includes the law of any part of the United Kingdom;

(b) conduct in a colony or dependency of a foreign state or of a designated Commonwealth country, or a vessel, aircraft or hovercraft of a foreign state or of such a country, shall be treated as if it were conduct in the territory of that state or country; F8 . . .

(c) conduct in a vessel, aircraft or hovercraft of a colony of the United Kingdom shall be treated as if it were conduct in that colony [F9 ; and

(d) conduct in a vessel, aircraft or hovercraft of the Hong Kong Special Administrative Region shall be treated as if it were conduct in that Region.][F10 ; but

(d) reference shall be made to the law of the colony or dependency of a foreign state or of a designated Commonwealth country, and not (where different) to the law of the foreign state or Commonwealth country, to determine the level of punishment applicable to conduct in that colony or dependency.]

[F11 (5) References in this section to an offence under any provision of the International Criminal Court Act 2001, or to an offence ancillary to such an offence, include any corresponding offence under the law of Scotland.]

Textual Amendments

F1 Words in s. 2(1)(a) substituted (1.7.1997) by S.I. 1997/1178, art. 2, Sch. para. 2(2)(a)(i)

F2 Words in s. 2(1)(a) inserted (1.7.1997) by S.I. 1997/1178, art. 2, Sch. para. 2(2)(a)(ii)

F3 Words in s. 2(1)(b) inserted (1.7.1997) by S.I. 1997/1178, art. 2, Sch. para. 2(2)(b)

F4 S. 2(1)(b)(iii) and the word “or” immediately preceding it inserted (1.9.2001) by 2001 c. 17, s. 72(2) (with ss. 56(2), 63(2), 78); S.I. 2001/2161, art. 2

F5 Words in s. 2(3)(a) inserted (1.7.1997) by S.I. 1997/1178, art. 2, Sch. para. 2(3)

F6 S. 2(3A) inserted (1.9.2001) by 2001 c. 17, s. 72(3) (with ss. 56(2), 63(2), 78); S.I. 2001/2161, art. 2

F7 Words in s. 2(4) substituted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 37(2)(a); S.I. 1995/127, art. 2(1), Sch. 1 Appendix A

F8 Word “and” omitted (1.7.1997) by S.I. 1997/1178, art. 2, Sch. para. 2(4)(a)

F9 S. 2(4)(d) and word “and” added after paragraph (c) (1.7.1997) by S.I. 1997/1178, art. 2, Sch. para. 2(4)(b)

F10 S. 2(4)(d) and preceding word “but” inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 37(2)(b); S.I. 1995/127, art. 2(1), Sch. 1 Appendix A

F11 S. 2(5) added (1.9.2001) by 2001 c. 17, s. 72(4) (with ss. 56(2), 63(2), 78); S.I. 2001/2161, art. 2

Modifications etc. (not altering text)

C1 S. 2 extended (British Antarctic Territory) (with modifications) (6.7.1992) by S.I 1992/1300, art. 2, Sch.

S. 2 extended (16.8.2002) (with modifications) by The Extradition (Overseas Territories) Order 2002 (S.I. 2002/1823), art. 2, Schs. 1-4 (as amended (16.8.2002) by S.I. 2002/1825, art. 2, Sch. 2)