The Extradition (Overseas Territories) Order 2002

PART IV TREATMENT OF PERSONS RETURNED

19.—(1) This section applies to any person accused or convicted of an offence under the law of a listed territory who is returned to that territory—

(a) from the United Kingdom, under this Act as it has effect in the United Kingdom;

(b) from any designated Commonwealth country or Ireland, under any law of that country corresponding with this Act;

(c) from any British overseas territory, under this Act, or the Fugitive Offenders Act 1967(1), as extended to that British overseas territory or under any corresponding law of that British overseas territory.

(2) A person to whom this section applies shall not, during the period described in subsection (3) below, be dealt with in the relevant listed territory for or in respect of any offence committed before he was returned to that territory other than—

(i) the offence in respect of which he was returned;

(ii) any lesser offence disclosed by the particulars furnished to the country or British overseas territory on which his return is grounded; or

(iii) any other offence in respect of which the Government of the country or Governor of the British overseas territory from which he was returned may consent to his being dealt with.

(3) The period referred to in subsection (2) above in relation to a person to whom this section applies is the period beginning with the day of his arrival in the relevant listed territory on his return as mentioned in subsection (1) above and ending 45 days after the first subsequent day on which he has the opportunity to leave that territory.

(4) Where a person to whom this section applies has been convicted before his return of an offence for which his return was not granted, any punishment for that offence shall by operation of this section be remitted; but his conviction for it shall be treated as a conviction for all other purposes.

(5) In this section “dealt with” means tried or returned or surrendered to any country or British overseas territory or detained with a view to trial or with a view to such return or surrender.

20.—(1) This section applies to any person accused of an offence under the law of a listed territory who is returned to that territory as mentioned in section 19(1) above.

(2) If in the case of a person to whom this section applies either—

(a) proceedings against him for the offence for which he was returned are not begun within the period of six months beginning with the day of his arrival in that territory on being returned; or

(b) on his trial for that offence, he is acquitted or discharged (whether conditionally or unconditionally),

the Governor may, if he thinks fit, on the request of that person, arrange for him to be sent back free of charge and with as little delay as possible to the jurisdiction of the country or British overseas territory from which he was returned.

(1)

1967 c. 68.