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The Extradition (British Antarctic Territory) (Commonwealth Countries, Colonies and Republic of Ireland) Order 1992

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Meaning of “extradition crime”.

2.—(1) In this Act, “extradition crime” means—

(a)conduct in the United Kingdom or in the territory of a designated Commonwealth country or in a colony or in the Republic of Ireland which, if it occurred in the Territory, 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 United Kingdom, the designated Commonwealth country, the colony or the Republic of Ireland, is so punishable under that law;

(b)an extra-territorial offence against the law of the United Kingdom, a designated Commonwealth country, a colony or the Republic of Ireland 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 (2) below; or

(ii)all the conditions specified in subsection (3) below.

(2) The condition mentioned in subsection (1)(b)(i) above is that in corresponding circumstances equivalent conduct would constitute an extra-territorial offence against the law of the Territory punishable with imprisonment for a term of 12 months, or any greater punishment.

(3) The conditions mentioned in subsection (1)(b)(ii) above are—

(a)that the United Kingdom, the designated Commonwealth country, the colony or the Republic of Ireland bases its jurisdiction on the nationality of the offender;

(b)that the conduct constituting the offence occurred outside the Territory; and

(c)that, if it occurred in the Territory, it would constitute an offence under the law of the Territory punishable with imprisonment for a term of 12 months, or any greater punishment.

(4) For the purposes of subsections (1) to (3) above—

(a)the law of the United Kingdom, a designated Commonwealth country, a colony or the Republic of Ireland includes the law of any part of it;

(b)conduct in a colony or dependency of a designated Commonwealth country, or a vessel, aircraft or hovercraft of such a country, shall be treated as if it were conduct in the territory of that country; and

(c)conduct in a vessel, aircraft or hovercraft of the United Kingdom, or of a colony of the United Kingdom, or of the Republic of Ireland, shall be treated as if it were conduct in the United Kingdom or in that colony or in the Republic of Ireland.

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