The Extradition Act 2003 (Overseas Territories) Order 2016

The British Antarctic Territory, Pitcairn and South Georgia and the South Sandwich Islands (“small Territories”)

5.—(1) This article applies to extradition to or from any of the following Territories—

(a) the British Antarctic Territory;

(b) South Georgia and the South Sandwich Islands;

(c) Pitcairn (in this article, each a “small Territory”).

(2) If it appears to the Governor that there are procedural arrangements in place between a small Territory and another territory, the Governor may issue a certificate, which contains—

(a) the information referred to in paragraph (3); and

(b) the assurance referred to in paragraph (4).

(3) The information is that the Act applies in that small Territory,—

(a) as if specified references in it to “the Territory” are a reference to the Territory, the territory named in the certificate, or to both as appropriate; and

(b) subject to any other specified modifications as appear to the Governor to be appropriate.

(4) The assurance is one that the procedural arrangements include an undertaking from the other territory that it will treat the extradited person, or persons, in the same way that the small Territory would be required to do under the law of that small Territory or arrangements between it and the extradition territory in relation to which the extradition request is concerned.

(5) In this article, “procedural arrangements” mean arrangements that allow for specified aspects of the extradition process (including the extradition hearing and the return of an extradited person to face trial or serve a sentence of imprisonment), whether generally or in relation to the extradition of a particular person, to take place in another territory on behalf of a small Territory.