Part 2

Extradition to category 2 territories

Interpretation

Extradition offences: person sentenced for offence
138
1
This section sets out whether a person's conduct constitutes an “
extradition offence
” for the purposes of this Part in a case where the person—
a
has been convicted, in the category 2 territory to which extradition is requested, of an offence constituted by the conduct, and
b
has been sentenced for the offence.
2
The conduct constitutes an extradition offence in relation to the category 2 territory if the conditions in subsection (3), (4) or (5) are satisfied.
3
The conditions in this subsection are that—
a
the conduct occurs in the category 2 territory;
b
the conduct would constitute an offence under the law of the relevant part of the United Kingdom punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment if it occurred in that part of the United Kingdom;
c
a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 2 territory in respect of the conduct.
4
The conditions in this subsection are that—
a
the conduct occurs outside the category 2 territory;
b
in corresponding circumstances equivalent conduct would constitute an extra-territorial offence under the relevant part of the United Kingdom punishable as mentioned in subsection (3)(b);
c
a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 2 territory in respect of the conduct.
5
The conditions in this subsection are that—
a
the conduct occurs outside the category 2 territory;
b
no part of the conduct occurs in the United Kingdom;
c
the conduct constitutes, or if committed in the United Kingdom would constitute, an offence mentioned in subsection (6);
d
a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 2 territory in respect of the conduct.
6
The offences are—
a
an offence under section 51 or 58 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity and war crimes);
b
an offence under section 52 or 59 of that Act (conduct ancillary to genocide etc. committed outside the jurisdiction);
c
an ancillary offence, as defined in section 55 or 62 of that Act, in relation to an offence falling within paragraph (a) or (b);
d
an offence under section 1 of the International Criminal Court (Scotland) Act 2001 (asp 13) (genocide, crimes against humanity and war crimes);
e
an offence under section 2 of that Act (conduct ancillary to genocide etc. committed outside the jurisdiction);
f
an ancillary offence, as defined in section 7 of that Act, in relation to an offence falling within paragraph (d) or (e).
7
If the conduct constitutes an offence under the military law of the category 2 territory but does not constitute an offence under the general criminal law of the relevant part of the United Kingdom it does not constitute an extradition offence; and subsections (1) to (6) have effect subject to this.
7A
References in this section to “conduct” (except in the expression “
equivalent conduct
”) are to the conduct specified in the request for the person's extradition
8
The relevant part of the United Kingdom is the part of the United Kingdom in which—
a
the extradition hearing took place, if the question of whether conduct constitutes an extradition offence is to be decided by the Secretary of State;
b
proceedings in which it is necessary to decide that question are taking place, in any other case.
9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
S. 138(1)-(5) substituted (21.7.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 164(5), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/1916, art. 2(j) (with art. 6)
S. 138(7A) inserted (21.7.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 164(6), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/1916, art. 2(j) (with art. 6)
S. 138(9) repealed (21.7.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 118 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/1916, art. 2(t)