Extradition Act 2003 Explanatory Notes

Section 193: Parties to international Conventions

550.This section provides for extradition arrangements in specific circumstances between the United Kingdom and other countries which are not category 1 or category 2 territories. This applies where the United Kingdom is a party to an international Convention, as is another country which is not otherwise an extradition partner with the United Kingdom. In these circumstances, a country will be designated by order made by the Secretary of State (subsection (1)).

551.Subsection (2) provides that, in this situation, Part 2 procedures would apply in respect of a request made by the relevant country. Subsection (3) provides that the following provisions of Part 2 do not apply in respect of such a request:

  • sections 71(4), 73(5), 84(7) and 86(7) – possibility of being designated with the effect of providing "information" in place of "evidence";

  • section 74(11)(b) – possibility of the 45-day period, within which a full extradition request is required following arrest under a provisional warrant, being extended;

  • sections 137 and 138 – the definition of "extradition offences".

552.In place of sections 137 and 138, the extradition offences which apply in relation to a specific country, by virtue of the applicable international Convention, will be specified in the appropriate designation order made under subsection (1) (subsections (4) and (5)).

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