The Extradition (Overseas Territories) Order 2002

International Convention Cases

23.—(1) For the purposes of this Act, no offence which, if committed in the relevant listed territory, would be punishable as an offence of genocide or as an attempt, conspiracy or incitement to commit such an offence shall be regarded as an offence of a political character, and no proceedings in respect of such an offence shall be regarded as a criminal matter of a political character.

(2) It shall not be an objection to any proceedings against a person under this Act in respect of an offence which, if committed in the relevant listed territory, would be punishable as an offence of genocide or as an attempt, conspiracy or incitement to commit such an offence that under the law in force at the time when and in the place where he is alleged to have committed the act of which he is accused or of which he was convicted he could not have been punished for it.

24.—(1) For the purposes mentioned in subsection (2) below—

(a) no offence to which section 1 of the Suppression of Terrorism Act 1978(1) applies shall be regarded as an offence of a political character; and

(b) no proceedings in respect of an offence to which that section applies shall be regarded as a criminal matter of a political character or as criminal proceedings of a political character.

(2) Those purposes are the purposes of a request for the return of a person from a listed territory to which the Suppression of Terrorism Act 1978 has been extended in accordance with extradition procedures under Part III of this Act, made by a country to which this subsection applies.

(3) Subsection (2) above applies—

(a) to the United Kingdom;

(b) to a Commonwealth country in relation to which the Secretary of State has made an order under section 5 of the Suppression of Terrorism Act 1978 applying that subsection;

(c) to any British overseas territory to which that Act has been extended; and

(d) to Ireland.

25.—(1) A person shall not be returned under this Act from a listed territory to which the Convention referred to in subsection (3) below has been extended, to Ireland or to a designated Commonwealth country which is party to that Convention, or to a British overseas territory to which that Convention has been extended, or committed or kept in custody for the purposes of such return, if it appears to the appropriate authority—

(a) that he might, if returned, be prejudiced at his trial by reason of the impossibility of effecting communications between him and the appropriate authorities of the state entitled to exercise rights of protection in relation to him; and

(b) that the act or omission constituting the offence of which he has been accused or convicted also constituted an offence under section 1 of the Taking of Hostages Act 1982(2) as extended to that territory, or a corresponding law of that territory, or an attempt to commit such an offence.

(2) Where the Governor of the relevant listed territory certifies that a country is a party to the Convention or that a British overseas territory is a British overseas territory to which the Convention has been extended, the certificate shall, in any proceedings under this Act, be conclusive evidence of that fact.

(3) The Convention mentioned in subsections (1) and (2) above is the International Convention against the Taking of Hostages opened for signature at New York on 18 December 1979.

(1)

1978 c. 26.

(2)

1982 c. 28.