The Extradition (Overseas Territories) Order 2002

PART VI MISCELLANEOUS AND SUPPLEMENTARY

Evidence

27.—(1) In any proceedings under this Act in relation to a person whose return has been requested from a listed territory by the United Kingdom, a designated Commonwealth country, Ireland or a British overseas territory, including proceedings on an application for habeas corpus in respect of a person in custody under this Act—

(a) a document, duly authenticated, which purports to set out evidence given on oath in the United Kingdom, a designated Commonwealth country, Ireland or a British overseas territory (other than the relevant listed territory) shall be admissible as evidence of the matters stated in it;

(b) a document, duly authenticated, which purports to have been received in evidence, or to be a copy of a document so received, in any proceeding in any such country or British overseas territory shall be admissible in evidence;

(c) a document, duly authenticated, which certifies that a person was convicted on a date specified in the document of an offence against the law of, or of a part of, any such country or any British overseas territory shall be admissible as evidence of the fact and date of the conviction.

(2) A document shall be deemed to be duly authenticated for the purposes of this section—

(a) in the case of a document purporting to set out evidence given as mentioned in subsection (1)(a) above, if the document purports to be certified by a judge or magistrate or officer in or of the country or British overseas territory in question to be the original document containing or recording that evidence or a true copy of such a document;

(b) in the case of a document which purports to have been received in evidence as mentioned in subsection (1)(b) above or to be a copy of a document so received, if the document purports to be certified as mentioned in paragraph (a) above to have been, or to be a true copy of a document which has been, so received;

(c) in the case of a document which certifies that a person was convicted as mentioned in subsection (1)(c) above, if the document purports to be certified as mentioned in paragraph (a) above,

and in any such case the document is authenticated either by the oath of a witness or by the official seal of a Minister of the country or of the Governor or a Minister, secretary or other officer administering a department of the government of the British overseas territory, as the case may be.

(3) Nothing in this section shall prejudice the admission in evidence of any document which is admissible in evidence apart from this section.

Warrants and orders

28.—(1) Any warrant or order to be issued or made by the Governor of a listed territory under this Act shall be given under the hand of the Governor or any person for the time being lawfully performing the functions of the Governor.

(2) The Governor of a listed territory may by regulations prescribe the form of any warrant or order to be issued or made under this Act in its application to return to the United Kingdom, Ireland, Commonwealth countries and British overseas territories.

General

35.—(1) In this Act—

• “appropriate authority” has the meaning assigned to it by section 6(9) above;

• “authority to proceed” has the meaning assigned to it by section 7(1) above;

• “constable” includes an officer of the police force of the territory;

• “court of committal” has the meaning assigned to it by section 9(1) above;

• “designated Commonwealth country” has the meaning assigned to it by section 5(1) above;

• “extradition crime” is to be construed in accordance with section 2 above;

• “extradition request” has the meaning assigned to it by section 7(1) above, but in section 12(5) above includes a request or requisition made by some person recognised by the Governor of the relevant listed territory as the consular representative of a foreign State (or as the governor of a colony or dependency of a foreign State) for the surrender of a person to that State, colony or dependency under the law in that behalf for the time being in force in that listed territory;

• “Governor” means the person for the time being lawfully administering the government of the territory;

• “listed territory” means a territory listed in Schedule 1 to this Order and references to a relevant listed territory are references to a listed territory from which the return of a person is sought or (as the case may be) to which a person has been returned;

• “provisional warrant” has the meaning assigned to it by section 8(1) above;

• “the United Kingdom” includes the Channel Islands and the Isle of Man.

(2) For the purposes of this Act a person convicted in his absence in a designated Commonwealth country, Ireland or a British overseas territory shall be treated as a person accused of the offence of which he is convicted.