Extradition Act 1989

General E+W+S+N.I.

35 Interpretation. E+W+S+N.I.

(1) In this Act—

• “appropriate authority” has the meaning assigned to it by section 6(9) above;

• “authority to proceed” has the meaning assigned to it by section 7(1) above;

• “court of committal” has the meaning assigned to it by section 9(1) above;

• “designated Commonwealth country” has the meaning assigned to it by section 5(1) above,

• F1 . . .

• “extradition crime”, subject to paragraph 20 of Schedule 1 to this Act, is to be construed in accordance with section 2 above;

• “extradition arrangements”, “general extradition arrangements” and “special extradition arrangements” have the meanings assigned to them by section 3 above;

• “extradition request” has the meaning assigned to it by section 7(1) above;

• [F2 “Hong Kong Special Administrative Region” means the Hong Kong Special Administrative Region of the People’s Republic of China;]

• F3 . . .

• [F4 “the 1995 Convention” means the Convention drawn up on the basis of Article K.3 of the Treaty on European Union on Simplified Extradition Procedure between the Member States of the European Union;

• “the 1996 Convention” means the Convention drawn up on the basis of Article K.3 of the Treaty on European Union relating to Extradition between the Member States of the European Union;

• “party to the 1995 Convention” means a state in respect of which the 1995 Convention is in force either generally or between it and the United Kingdom;

• “party to the 1996 Convention” means a state in respect of which the 1996 Convention is in force either generally or between it and the United Kingdom;] and

• “provisional warrant” has the meaning assigned to it by section 8(1) above.

(2) For the purposes of this Act a person convicted in his absence in a designated Commonwealth country or a colony shall be treated as a person accused of the offence of which he is convicted.

[F5 (3) For the purposes of the application of this Act by virtue of any Order in Council in force under it or section 2 of the M1 Extradition Act 1870, any reference in this Act to evidence making a case requiring an answer by an accused person shall be taken to indicate a determination of the same question as is indicated by a reference (however expressed) in any such Order (or arrangements embodied or recited in it) to evidence warranting or justifying the committal for trial of an accused person.]

Annotations:

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Amendments (Textual)

F1 S. 35(1): definition of “designated metropolitan magistrate” repealed (31.8.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. V(3) (with s. 107, Sch. 14 paras. 7(2), 36(9)); S.I. 2000/1920, art. 3

F2 Definition in s. 35(1) inserted (1.7.1997) by S.I. 1997/1178, art. 2, Sch. para. 15.

F3 S. 35(1): definition of “metropolitan magistrate” repealed (31.8.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. V(3) (with s. 107, Sch. 14 paras. 7(2), 36(9)); S.I. 2000/1920, art. 3

F4 Words in s. 35(1) inserted (the amendment coming into force in accordance with reg. 1(1) of the amending S.I.) by The European Union Extradition Regulations 2002 (S.I. 2002/419), reg. 2, Sch. 9 para. 4

F5 S. 35(3) inserted (1.4.1997) by 1994 c. 33, s. 158(7); S.I. 1997/882, art. 2.

Modifications etc. (not altering text)

C1 S. 35 extended (British Antarctic Territory) (with modifications) (6.7.1992) by S.I. 1992/1300, art. 2, Sch.

S. 35 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)

Marginal Citations

M1 1870 c. 52.