Explanatory Notes

International Criminal Court Act 2001

2001 CHAPTER 17

11 May 2001

Commentary on Sections

Part 5: Offences under Domestic Law

Section 71: Extradition: Orders in Council under the 1870 Act

110.This section has the effect of making the offences set out in sections 51, 52, 58 and 59 of the Act, and any offence ancillary to any such offence, extraditable under Schedule 1 to the Extradition Act 1989. Schedule 1 to the Extradition Act 1989 covers extradition with countries with which the United Kingdom has a bilateral extradition treaty which was in force prior to the coming into force of the 1989 Act. (As a result of section 2(1) of the Extradition Act 1989, these offences are automatically extraditable in relation to a foreign State, a designated Commonwealth country, a colony or the Hong Kong Special Administrative Region as offences which are punishable for a term of imprisonment of 12 months or more.)

111.As extradition is a reserved matter for the purposes of the Scotland Act, these provisions and those in section 72 and 73 apply to any corresponding offence under Scottish law.