Extradition Act 1989

22 Extension of purposes of extradition for offences under Acts giving effect to international Conventions

(1) Except as provided by subsection (6) below, this section has effect where—

(a) general extradition arrangements have not been made with a state which is a party to a Convention to which this section applies; and

(b) no Order in Council under section 2 of the [1870 c. 52.] Extradition Act 1870 is in force in relation to that state.

(2) The Conventions to which this section applies are—

(a) the Convention on Offences and certain other Acts committed on board Aircraft, which was signed at Tokyo on 14th September 1963 (“the Tokyo Convention”);

(b) the Convention for the Suppression of Unlawful Seizure of Aircraft, which was signed at the Hague on 16th December 1970 (“the Hague Convention”);

(c) the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, which was signed at Montreal on 23rd September 1971 (“the Montreal Convention”);

(d) the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons adopted by the United Nations General Assembly in 1973 (“the Internationally Protected Persons Convention”);

(e) the International Convention against the Taking of Hostages opened for signature at New York on 18th December 1979 (“the Hostages Convention”);

(f) the Convention on the Physical Protection of Nuclear Material opened for signature at Vienna and New York on 3rd March 1980 (“the Nuclear Material Convention”);

(g) the United Nations Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment adopted by the United Nations General Assembly on 10th December 1984 (“the Torture Convention”).

(3) Where this section has effect, an Order in Council applying this Act may be made under section 4 above as if a Convention to which this section applies that is specified in the Order constituted general extradition arrangements between the United Kingdom and the foreign state, or any foreign state, party to the Convention; but where this Act is so applied, it shall have effect only in respect—

(a) of the relevant offences;

(b) of an attempt to commit a relevant offence;

(c) of counselling, procuring, commanding, aiding or abetting a relevant offence; and

(d) of being accessory before or after the fact to a relevant offence.

(4) The relevant offences are—

(a) in relation to the Tokyo Convention, any offence committed on board an aircraft in flight;

(b) in relation to the Hague Convention, any offence under or by virtue of section 1 or 6(1) or (2)(a) of the [1982 c. 36.] Aviation Security Act 1982;

(c) in relation to the Montreal Convention, any offence under or by virtue of section 2, 3 or 6(2)(b) or (c) of that Act;

(d) in relation to the Internationally Protected Persons Convention—

(i) an offence mentioned in paragraph (a) of subsection (1) of section 1 of the [1978 c. 17.] Internationally Protected Persons Act 1978 which is committed against a protected person within the meaning of that section;

(ii) an offence mentioned in paragraph (b) of that subsection which is committed in connection with such an attack as is so mentioned; and

(iii) an offence under section 1(3) of that Act;

(e) in relation to the Hostages Convention, an offence under the [1982 c. 28.] Taking of Hostages Act 1982;

(f) in relation to the Nuclear Material Convention—

(i) an offence mentioned in paragraph (a), (b), (c) or (d) of subsection (1) of section 1 of the [1983 c. 18.] Nuclear Material (Offences) Act 1983 which is committed by doing an act in relation to or by means of nuclear material; and

(ii) an offence under section 2 of that Act; and

(g) in relation to the Torture Convention, torture.

(5) An Order in Council such as is mentioned in subsection (3) above may not provide that a court dealing with a person arrested for an offence shall not be under a duty to determine whether the evidence would be sufficient to warrant his trial if the offence had taken place within the jurisdiction of the court.

(6) For the purposes of general extradition procedures under Part III of this Act, in their application (whether or not by virtue of such an Order in Council) as between the United Kingdom and any other state, any act or omission, wherever it takes place, which constitutes—

(a) an offence mentioned in this section; and

(b) an offence against the law of that state,

shall be deemed to be an offence committed within the territory of that state.

(7) Subsections (4) and (5) of section 92 of the [1982 c. 16.] Civil Aviation Act 1982 shall apply for the purposes of this section as they apply for the purposes of that section.

(8) Section 98 of that Act shall have effect as if the reference to sections 92 to 95 included a reference to this section.