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Suppression of Terrorism Act 1978

Status:

This is the original version (as it was originally enacted).

1Cases in which certain offences are not to be regarded as of a political character

(1)This section applies to any offence of which a person is accused or has been convicted outside the United Kingdom if the act constituting the offence, or the equivalent act, would, if it took place in any part of the United Kingdom or, in the case of an extra-territorial offence, in corresponding circumstances outside the United Kingdom, constitute one of the offences listed in Schedule 1 to this Act.

(2)For the purposes mentioned in subsection (3) below—

(a)no offence to which this section applies shall be regarded as an offence of a political character; and

(b)no proceedings in respect of an offence to which this section applies shall be regarded as a criminal matter of a political character or as criminal proceedings of a political character.

(3)Those purposes are—

(a)the purposes of the [1870 c. 52.] Extradition Act 1870 in relation to any requisition for the surrender of a fugitive criminal made on behalf of a convention country after the coming into force of this paragraph ;

(b)the purposes of the [1967 c. 68.] Fugitive Offenders Act 1967 in relation to any request for the return of a person under that Act made on behalf of a convention country after the coming into force of this paragraph ;

(c)the purposes of the [1965 c. 45.] Backing of Warrants (Republic of Ireland) Act 1965 in relation to any warrant issued in the Republic of Ireland to which this paragraph applies by virtue of an order under subsection (4) below ; and

(d)the purposes of section 5 of the [1873 c. 60.] Extradition Act 1873 (evidence for foreign criminal matters) and section 5 of the [1975 c. 34.] Evidence (Proceedings in Other Jurisdictions) Act 1975 (evidence for criminal proceedings outside the United Kingdom) in relation to—

(i)any criminal proceedings instituted in a convention country (not being the Republic of Ireland) after the coming into force of this sub-paragraph; and

(ii)any criminal proceedings in the Republic of Ireland to which this sub-paragraph applies by virtue of an order under subsection (4) below.

(4)The Secretary of State may by order direct that subsection (3)(c) above shall apply to warrants of the kind mentioned in section 1(1)(a) of the said Act of 1965 issued while the order is in force, and that subsection (3)(d)(ii) above shall apply to criminal proceedings instituted in the Republic of Ireland while the order is in force.

(5)On the revocation of an order made under subsection (4) above—

(a)subsection (3)(c) above shall cease to apply to any warrant issued while the order was in force ; and

(b)subsection (3)(d)(ii) above shall cease to apply to any criminal proceedings instituted while the order was in force,

but without prejudice to the validity of anything done while the order was in force.

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