Police and Justice Act 2006

Police and Justice Act 2006

2006 CHAPTER 48

The Act

Commentary on Sections

Part 5: Miscellaneous

Section 43: Designation of the United States of America

365. Section 43(1) makes provision for an amendment to be made to the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003, which would restore the requirement for the United States to provide prima facie evidence with its extradition requests to the UK.

366. Section 43(2) provides that an order bringing such an amendment into force may not be made within 12 months of the day on which the 2006 Act was passed (i.e. 8 November 2006), nor may such an order be made if the instruments of ratification of the 2003 Extradition Treaty between the United States and the United Kingdom have been exchanged.

367. In addition, the effect of subsection (3) is that the Secretary of State is not obliged to make a commencement order bringing section 43(1) into force unless both Houses of Parliament have passed a resolution requiring him to do so. In that case he would be under a duty to make such an order within a month of the resolutions being passed (subsection (4)).