The Extradition Act 2003 (Overseas Territories) Order 2016

Interpretation

2.—(1) In this Order, “Territory” means a British overseas territory listed in Schedule 1.

(2) Subject to paragraphs (4) and (5), for the purposes of this Order the following are within the meaning of the expression “extradition territory”—

(a) a territory listed in Schedule 2; and

(b) any other territory designated by order made by the Secretary of State under section 1(1) or 69(1) of the UK Act after this Order comes into force.

(3) A territory referred to in paragraph (2) ceases to be an extradition territory for the purposes of this Order if it ceases to be designated by order made by the Secretary of State under section 1(1) or 69(1) of the UK Act.

(4) In relation to extradition from or to a particular Territory, the expression “extradition territory” does not include that Territory.

(5) In relation to extradition from or to the Sovereign Base Areas, the expression “extradition territory” does not include Cyprus.

(6) In this Order—

“the Act”, unless the context otherwise requires, means the provisions of the UK Act as set out in Schedule 3, including the modifications and additional provisions set out in that Schedule;

“asylum claim” means a claim made by a person to the responsible authority in the Territory that to remove a person from or require him to leave the Territory would breach the obligations of the Territory under the Refugee Convention or would otherwise be incompatible with the principle of non–refoulement;

“constable”, in relation to a Territory, means a person having the powers of a police officer under the law of that Territory;

“discontinued” includes the entry of a nolle prosequi;

“early release provisions” means such provisions as are in force in a Territory enabling a person serving a sentence of imprisonment or other form of detention to be released from detention before the end of his sentence but subject to recall;

“Governor”, in relation to a Territory and except where the context otherwise requires, means the person holding or acting in the office of Governor of that Territory, or if there is no such office, the officer for the time being administering that Territory;

“Guernsey” means the Bailiwick of Guernsey;

“Human Rights Convention” means the Convention for the Protection of Human Rights and Fundamental Freedoms agreed by the Council of Europe at Rome on 4 November 1950(1) as it has effect for the time being in relation to the Territory concerned, except in respect of the application of the Order to—

(a)

Pitcairn, where it means Part 2 of the Pitcairn Constitution set out in Schedule 2 to the Pitcairn Constitution Order 2010(2);

(b)

the British Antarctic Territory or the British Indian Ocean Territory, where it means the right to life and the right not to be subjected to torture or to inhuman or degrading treatment or punishment;

“Jersey” means the Bailiwick of Jersey;

“Judicial Committee” means the Judicial Committee of the Privy Council;

“magistrate”, in relation to a Territory, means a person having the powers of a magistrate under the law of that Territory or—

(c)

in the Sovereign Base Areas, the Resident Judge’s Court of those Areas;

(d)

in the British Antarctic Territory and the British Indian Ocean Territory, the senior magistrate;

“Pitcairn” means Pitcairn, Henderson, Ducie and Oeno Islands;

“provisional warrant” means a warrant issued under section 73(3) of the Act as set out in Schedule 3;

“the UK Act” means the Extradition Act 2003, as it has effect in the United Kingdom;

“Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951(3) and the Protocol to that Convention(4);

“Sovereign Base Areas” means the Sovereign Base Areas of Akrotiri and Dhekelia (that is to say the areas mentioned in section 2(1) of the Cyprus Act 1960(5));

“Supreme Court” means—

(e)

in relation to Anguilla, Montserrat and the Virgin Islands, the High Court of the Eastern Caribbean Supreme Court;

(f)

in relation to the Cayman Islands, the Grand Court of the Cayman Islands;

(g)

in relation to Bermuda, the British Antarctic Territory, the British Indian Ocean Territory, the Falkland Islands, Pitcairn, St Helena, Ascension and Tristan da Cunha, South Georgia and the South Sandwich Islands and the Turks and Caicos Islands, the Supreme Court of the respective Territory;

(h)

in relation to the Sovereign Base Areas, the Senior Judges’ Court of those Areas.

(1)

UK Treaty Series No. 71 (1953); Cmd 8969.

(2)

SI 2010/244.

(3)

UK Treaty Series No. 39 (1954); Cmd 9171.

(4)

UK Treaty Series No. 15 (1969); Cmd 3906.

(5)

1960 c. 52.