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The European Convention on Extradition Order 2001
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- 2001 No. 962
- Whole Instrument without Schedules
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Citation
1. This Order may be cited as the European Convention on Extradition Order 2001 and shall come into force on 17th April 2001.
Application of Part III of 1989 Act
2.—(1) Subject to the provisions of this Order, the 1989 Act, so far as it relates to extradition procedures under Part III of that Act, shall apply as between the United Kingdom and any Convention State which is listed in Part I of Schedule 3 to this Order.
(2) For the purposes of paragraph (1) above Cyprus and Malta shall be treated as foreign states.
3. Where an extradition request is made by a Convention State in respect of a person accused of an offence it shall not be necessary
(a)for that State to furnish the court of committal with evidence sufficient to make a case requiring an answer by that person if the proceedings were a summary trial of an information against that person and the extradition crime had taken place within the jurisdiction of the court; or
(b)for the court of committal to be satisfied that there is evidence sufficient to make such a case.
Extent
4. The operation of this Order is limited to the United Kingdom, the Channel Islands and the Isle of Man.
Revocation and savings
5.—(1) Subject to paragraph (2) below the Orders listed in Part I of Schedule 5 to this Order are, to the extent specified in that Part, hereby revoked.
(2) The Orders referred to in paragraph (1) above shall, to the extent so specified, continue to have effect
(a)without prejudice to the operation of section 16(1)(e) of the Interpretation Act 1978(1), for the purposes of disposing of any requisition for the surrender of a fugitive criminal to a Convention State in respect of which an Order under paragraph 4(2) of Schedule 1 to the 1989 Act was made before this Order came into force; and
(b)insofar as they relate to extradition between any territory for whose international relations a Convention State is responsible, but to which the Convention does not apply, and the United Kingdom, the Channel Islands, the Isle of Man or any colony.
(3) The European Convention on Extradition Order 1990(2) and the other Orders listed in Part II of Schedule 5 to this Order are hereby revoked.
A.K. Galloway
Clerk of the Privy Council
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