The Extradition (Overseas Territories) Order 2002

Article 2(2)

SCHEDULE 3 FURTHER MODIFICATIONS AND ADAPTATIONS TO EXTRADITION ACT 1989 AS EXTENDED TO THE BRITISH ANTARCTIC TERRITORY

1.  The references in this Schedule to provisions of the 1989 Act are references to them as set out in Schedule 2 to this Order and as they are extended to the British Antarctic Territory.

2.  In section 8(1), for the words “a magistrate” there shall be substituted the words “the Senior Magistrate or a designated magistrate (that is to say, a magistrate designated for the purposes of this Act by the Commissioner)”; and in section 8(4) the words “or by any public officer” shall be added after the word “constable”.

3.  At the end of section 9(1), there shall be added the words “holding a Summary Court”.

4.  In section 9(2), for all the words after the words “in custody or on bail”, there shall be substituted the words “as a Summary Court sitting in committal proceedings (as defined in section 2(2) of the Summary Courts (Criminal Proceedings) Ordinance 1990(1) of the British Antarctic Territory”.

5.  For section 14(2) there shall be substituted the following:

“(2) A notice under this section shall be given in the manner prescribed by rules under section 42 of the Summary Courts (Criminal Proceedings) Ordinance 1990 of the British Antarctic Territory or, subject to any such rules, as directed under section 41 of that Ordinance, and a magistrate may order the committal for return of a person with his consent at any time after his arrest.”.

6.  In section 17(1), for all the words after the words “this Part of this Act” there shall be substituted the words “may for that purpose be dealt with in like manner as a person charged with an offence before a Summary Court”.

7.  For section 17(3) there shall be substituted the following:

“(3) Where a person, being in custody in any part of the British Antarctic Territory whether under this Part of this Act or otherwise, is required to be moved in custody under this Act to another part of the Territory and is so removed by sea or air or, without prejudice to any provision in that behalf in the Falkland Islands Courts (Overseas Jurisdiction) Order 1989(2), where such a person is required to be removed to the Falkland Islands, he shall be deemed to continue to be in legal custody until he reaches the place to which he is required to be removed.”.

8.  In section 17(4) the words “and public officers” shall be inserted after the word “constables”.

9.  The following shall be added to section 19 as subsection (6) thereof:

“(6) References in this section to a person’s being returned to, or being dealt with in, a listed territory include, in their application to the British Antarctic Territory, references to his being returned to, or being dealt with in, a place where a court of that Territory sits; the reference in subsection (3) above to his arrival in, or opportunity to leave, such a territory includes, in its application as aforesaid, a reference to his arrival in, or opportunity to leave, such a place; and references in this section to a court of the British Antarctic Territory include, without prejudice to their generality, references (to the extent provided for in section 35(3) below) to the Supreme Court of the Falkland Islands (as defined in the said section 35(3)).”.

10.  The following shall be added to section 20 as subsection (3) thereof:

“(3) Section 19(6) above applies also for the interpretation of this section.”.

11.  The words “or of the Administrator” shall be added at the end of section 28(1).

12.  In section 35(1), for the definition ““Governor” means the person for the time being lawfully administering the government of the territory” there shall be substituted the definition ““the Governor”, in relation to the British Antarctic Territory and without prejudice to the definition in Schedule 1 to the Interpretation Act 1978(3), means the Commissioner.”

13.  The following additional definitions shall be inserted, in their appropriate places (by alphabetical order), in section 35(1):

“the Administrator” means the person holding the office of Administrator of the British Antarctic Territory and includes any person for the time being lawfully discharging the functions of that office;

“the Commissioner” means the person holding the office of Commissioner for the British Antarctic Territory and includes any person for the time being lawfully discharging the functions of that office;

“magistrate” means any person appointed to be a magistrate under Part IV of the Administration of Justice Ordinance 1990(4) of the British Antarctic Territory;

“public officer” has the meaning assigned to it by section 7(1) of the Interpretation and General Provisions Ordinance 1990(5) of the British Antarctic Territory and, in any case where a member of a police force established under the law of another country (including a British overseas territory other than the British Antarctic Territory) has, by arrangement with the Commissioner, been empowered under that law to act as a constable under the law of the Territory for the purposes of, or in connection with, extradition from the Territory, includes that member of that police force; and a certificate by the Commissioner that that member was at the relevant time so empowered shall, in any proceedings concerning anything done or omitted by him, be conclusive of that fact;

“the Senior Magistrate” means the person holding the office of Senior Magistrate under Part III of the Administration of Justice Ordinance 1990 of the British Antarctic Territory and includes any person for the time being lawfully discharging the functions of that office;

“Summary Court” means a court established under Part IV of the Administration of Justice Ordinance 1990 of the British Antarctic Territory.

14.  The following shall be added to section 35 as subsections (3) and (4) thereof:

“(3) (a) In their application to the British Antarctic Territory and subject to paragraph (b) below, references in this Act to a superior court of a listed territory are references to the Supreme Court of that Territory.

(b) Without prejudice to the generality of sections 3 and 4 of the Falkland Islands Courts (Overseas Jurisdiction) Order 1989, the jurisdiction and powers conferred on the Supreme Court of the Falkland Islands by those sections include the jurisdiction to hear and determine any matter that may under this Act be heard and determined by the Supreme Court of the British Antarctic Territory and all powers that under this Act are vested in the latter court; and all references in this Act to the latter court (including references to the stating of a case to it or to appeals from its decisions) shall be construed accordingly.

(c) Where it appears to the Judge of the Supreme Court of the British Antarctic Territory that any proceedings that have been instituted under this Act before that court could more appropriately be pursued, by virtue of paragraph (b) above, before the Supreme Court of the Falkland Islands, he may, after consultation with the Chief Justice of the Falkland Islands, so order and may give any necessary directions for that purpose.

(d) In this subsection, but subject to paragraph (b) above, references to the Supreme Court of the British Antarctic Territory are references to the court established by Part II of the Administration of Justice Ordinance 1990 of the British Antarctic Territory; and references in this subsection and in section 19(6) above to the Supreme Court of the Falkland Islands are references to the court established by section 77 of the Constitution of the Falkland Islands set out in Schedule 1 to the Falkland Islands Constitution Order 1985(6).

(4) For the avoidance of doubt, any of the functions conferred by this Act on the Commissioner (whether expressly so referred to or referred to as the Governor) or the Administrator or the Senior Magistrate may be performed either within or outside the British Antarctic Territory.”.

(1)

Ordinance No. 6 of 1990.

(2)

S.I. 1989/2399.

(3)

1978 c. 30.

(4)

Ordinance No. 5 of 1990.

(5)

Ordinance No. 4 of 1990.

(6)

S.I. 1985/444.