The Extradition (Terrorist Bombings) Order 2002

Statutory Instruments

2002 No. 1831

EXTRADITION

The Extradition (Terrorist Bombings) Order 2002

Made

16th July 2002

Laid before Parliament

26th July 2002

Coming into force

27th August 2002

At the Court at Buckingham Palace, the 16th day of July 2002

Present,

The Queen’s Most Excellent Majesty in Council

Whereas the Convention for the Suppression of Terrorist Bombings(1) (referred to in this Order as “the Convention” and set out in Schedule 1 to this Order) opened for signature at New York on 12th January 1998 and was ratified by the United Kingdom on 7th March 2001;

And whereas the States mentioned in Schedule 2 to this Order are foreign States in respect of which the Convention is for the time being in force and in relation to which Orders in Council under section 2 of the Extradition Act 1870(2) (“the 1870 Act”) are in force;

And whereas the States mentioned in Part I of Schedule 3 to this Order are foreign States in respect of which the Convention is for the time being in force but with which no general extradition arrangements have been made;

And whereas, by virtue of section 22(3) of the Extradition Act 1989(3) (“the 1989 Act”), where general extradition arrangements have not been made with a State which is a party to a Convention to which that section applies, and no Order in Council under section 2 of the 1870 Act is in force in relation to that State, an Order in Council applying the 1989 Act may be made under section 4 of that Act as if the Convention constituted general extradition arrangements between the United Kingdom and the foreign State, or any foreign State, party to the Convention;

And whereas the Convention is a Convention to which section 22 of the 1989 Act applies.(4)

And whereas section 62(1) of the Terrorism Act 2000(5) (“the 2000 Act”) provides for the offences listed in section 62(2) to constitute offences wherever carried out;

And whereas section 64(5) of the 2000 Act provides that the offences to which an Order in Council under section 2 of the 1870 Act (arrangements with foreign states) can apply shall include offences under the provisions mentioned in section 62(2) of that Act, and the conspiracy or attempt to commit any of those offences;

Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by sections 4(1), 22(3) and 37(3) of the 1989 Act, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

(1)

Cmnd. 5347.

(2)

1870 c. 52. The Act was repealed by the Extradition Act 1989 with the savings mentioned in section 37 of that Act. For the purpose of those savings the Act has to be read with section 22(1) of the Criminal Justice (International Co-operation) Act 1990 (c. 5).

(3)

1989 c. 33.

(4)

By virtue of the amendment to section 22(2) made by section 64(2) of the Terrorism Act 2000 (c. 11).

(5)

2000 c. 11.