Section 137: Extradition offences: person not sentenced for offence
384.This section defines the different types of conduct that constitute an extradition offence in respect of category 2 territories, but only in cases where the person is accused or convicted of the offence in the category 2 territory but has not yet sentenced (subsection (1)). (Section 138 addresses cases where the person has been sentenced.)
385.Conduct is an extradition offence if certain conditions are met (subsection (2)). These are that:
the conduct occurs in the category 2 territory;
the conduct would amount to an offence punishable with detention for a period of 12 months or more if it occurred in the United Kingdom;
it is similarly punishable under the law of the requesting category 2 territory.
386.Subsections (3) to (5) allow a category 2 territory to request extradition for offences over which it claims extra-territorial jurisdiction. Extra-territorial jurisdiction is where a country claims jurisdiction (and therefore the right to prosecute) even though the conduct did not take place on its soil. Conduct is therefore an extradition offence if (subsection (3)):
the conduct occurs outside the category 2 territory;
it is punishable under the law of the category 2 territory with a custodial sentence of 12 months or more;
in corresponding circumstances the equivalent conduct would constitute an extra-territorial offence against the law of the United Kingdom punishable with a custodial sentence of 12 months or more.
387.Under subsection (4) conduct is also an extradition offence if:
the conduct occurs outside the category 2 territory and no part of it occurs in the United Kingdom;
the conduct would amount to an offence punishable with detention for 12 months or more if it occurred in the United Kingdom;
it is similarly punishable under the law of the category 2 territory.
388.Subsection (5) states that conduct also constitutes an extradition offence if:
the conduct occurs outside the category 2 territory and no part of it occurs in the United Kingdom;
it is punishable under the law of the category 2 territory with detention for a term of 12 months or more;
the conduct constitutes an offence mentioned in subsection (6).
389.The offences in subsection (6) are those covered by sections 51, 52, 58 and 59 of the International Criminal Court Act 2001 relating to genocide, crimes against humanity and war crimes, and ancillary offences under section 55 or 62 of that Act. For Scotland the relevant corresponding offences are those covered by sections 1 and 2 of the International Criminal Court (Scotland) Act 2001 and ancillary offences under section 7 of that Act.
390.Subsection (7) provides that if conduct constitutes an offence under the military law of a category 2 territory but not an offence under the general criminal law of the United Kingdom, it does not amount to an extradition offence within the definitions given in this section. Where there is reference to the relevant part of the United Kingdom this means the part of the United Kingdom where the extradition proceedings have taken place, or are taking place, as appropriate (subsection (8)).
