Criminal Justice Act 1988

1 Scope of Part I

(1) Where extradition procedures under this Part of this Act are available as between the United Kingdom and a foreign state, a person in the United Kingdom who—

(a) is accused in that state of the commission of an extradition crime; or

(b) is alleged to be unlawfully at large after conviction of an extradition crime by a court in that state,

may be arrested and returned to that state in accordance with those procedures.

(2) In this Part of this Act—

• “extradition procedures” means the procedures set out in sections 3 to 10 and 12 to 17 below; and

• “extradition arrangements” means arrangements made with a foreign state under which extradition procedures will be available as between the United Kingdom and that state.

(3) Extradition arrangements may be—

(a) arrangements of a general nature made with one or more states and relating to the operation of this Part of this Act (in this Part of this Act referred to as “general extradition arrangements”); or

(b) arrangements relating to the operation of this Part of this Act in particular cases (in this Part of this Act referred to as “special extradition arrangements”) made with a state with which there are no general extradition arrangements.

(4) In this Part of this Act “foreign state” means any state other than—

(a) the United Kingdom;

(b) a country mentioned in Schedule 3 to the [1981 c. 61.] British Nationality Act 1981 (countries whose citizens are Commonwealth citizens);

(c) a colony of the United Kingdom; or

(d) the Republic of Ireland,

but a state which is a party to the European Convention on Extradition done at Paris on 13th December 1957 may be treated as a foreign state for the purposes of this Part of this Act.

(5) In this Part of this Act “extradition crime” means—

(a) conduct in the territory of a foreign state 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, is so punishable under that law; or

(b) any conduct which by virtue of subsection (8)(b) below is treated as conduct in the territory of a foreign state and which satisfies the conditions in paragraph (a) above; or

(c) an extra-territorial offence against the law of a foreign state 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 (6) below; or

(ii) all the conditions specified in subsection (7) below.

(6) The condition mentioned in subsection (5)(c)(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.

(7) The conditions mentioned in subsection (5)(c)(ii) above are—

(a) that the foreign state 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.

(8) For the purposes of this Part of this Act—

(a) the law of a foreign state includes the law of any part of that state and the law of the United Kingdom includes the law of any part of the United Kingdom; and

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

(9) The amendments of the [1870 c. 52.] Extradition Act 1870, the [1965 c. 45.] Backing of Warrants (Republic of Ireland) Act 1965 and the [1967 c. 68.] Fugitive Offenders Act 1967 contained respectively in Parts I, II and III of Schedule 1 to this Act (which introduce into those Acts provisions corresponding to certain provisions of this Part of this Act) shall have effect.