European Convention on Extradition Order 1990

JurisdictionUK Non-devolved
CitationSI 1990/1507

1990 No. 1507

EXTRADITION

The European Convention on Extradition Order 1990

Made 24th July 1990

Laid before Parliament 1st August 1990

Coming into force

At the Court at Buckingham Palace, the 24th day of July 1990

Present,

The Queen’s Most Excellent Majesty in Council

Whereas the European Convention on Extradition (hereinafter referred to as “the Convention”) the terms of which are set out in Schedule 1 to this Order, was opened for signature by Members of the Council of Europe on 13th December 1957:

And whereas the States listed in Schedule 2 to this Order are parties to the Convention, and have made certain reservations and declarations, the terms of which are set out in Schedule 3 to this Order:

And whereas the Convention provides for denunciation by means of a notice given by a party to it, such denunciation to take effect six months after the date when the Secretary-General of the Council of Europe receives such notice:

And whereas it is intended to ratify the Convention and to make the reservations and notification set out in Schedule 4 to this Order:

And whereas the Convention with the said reservations is in conformity with the provisions of the Extradition Act 1989 (“the 1989 Act”)1, in particular with the restrictions on return contained in Part II of that Act:

And whereas section 4(1) of the 1989 Act provides that where general extradition arrangements have been made, Her Majesty may by Order in Council reciting or embodying their terms, direct that the 1989 Act, so far as it relates to extradition procedures under Part III of that Act, shall apply between the United Kingdom and the foreign State or any foreign State with which they have been made, subject to the limitations, restrictions, exceptions and qualifications in the Order:

And whereas section 3(2) of the 1989 Act provides that for the purpose of extradition procedures under Part III of the Act, a State which is a party to the Convention may be treated as a foreign State:

Now, therefore, Her Majesty, in exercise of the powers conferred on Her by sections 2 and 21 of the Extradition Act 18702and sections 4(1) and 37(3) of the 1989 Act or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:–

S-1 This Order may be cited as the European Convention on...

1. This Order may be cited as the European Convention on Extradition Order 1990, and shall come into force on the date, to be notified in the London, Edinburgh and Belfast Gazettes, on which the European Convention on Extradition enters into force for the United Kingdom.

S-2 Subject to the provisions of this Order, the 1989 Act , so far...

2.—(1) Subject to the provisions of this Order, the 1989 Act, so far as it relates to extradition procedures under Part III of that Act, shall apply as between the United Kingdom and any foreign State, party to the Convention, which is listed in Part I of Schedule 2 to this Order; and any such State is in this Order referred to as a “Convention State”.

(2) For this purpose, Cyprus shall be treated as a foreign State.

S-3 Where an extradition request is made by a Convention State in...

3. Where an extradition request is made by a Convention State in respect of a person accused of an offence, it shall not be necessary

(a) for that State to furnish the court of committal with evidence sufficient to warrant the trial of that person if the extradition crime had taken place within the jurisdiction of the court; or

(b) for the court of committal to be satisfied that there is evidence sufficient to warrant the trial of that person.

S-4 The operation of this Order is limited to the United Kingdom,...

4. The operation of this Order is limited to the United Kingdom, the Channel Islands and the Isle of Man.

S-5 Subject to the following provisions of this article, the Orders...

5.—(1) Subject to the following provisions of this article, the Orders listed in Schedule 5 to this Order are hereby revoked.

(2) Notwithstanding the foregoing paragraph, the Orders listed in Schedule 5 to this Order shall continue to have effect

(a)

(a) for the purposes of disposing of any requisition for the surrender of a fugitive criminal to a Convention State in respect of which an order under paragraph 4(2) of Schedule 1 to the 1989 Act was made before this Order came into force;

(b)

(b) insofar as they relate to extradition between any territory for whose interna tional relations a Convention State is responsible, but to which the Convention does not apply, and the United Kingdom, the Channel Islands, the Isle of Man or any colony.

(3) Sub-paragraph (a) of the foregoing paragraph is without prejudice to the operation of section 16(1)(e) of the Interpretation Act 19783.

G. I. de Deney

Clerk of the Privy Council

SCHEDULE 1

THE CONVENTION

THE EUROPEAN CONVENTION ON EXTRADITION

The Governments signatory hereto, being Members of the Council of Europe,

Considering that the aim of the Council of Europe is to achieve a greater unity between its Members;

Considering that this purpose can be obtained by the conclusion of agreements and by common action in legal matters;

Considering that the acceptance of uniform rules with regard to extradition is likely to assist this work of unification,

Have agreed as follows:

OBLIGATION TO EXTRADITE

The Contracting Parties undertake to surrender to each other, subject to the provisions and conditions laid down in this Convention, all persons against whom the competent authorities of the requesting Party are proceeding for an offence or who are wanted by the said authorities for the carrying out of a sentence or detention order.

EXTRADITABLE OFFENCES

EXTRADITABLE OFFENCES

SCH-1.1

1. Extradition shall be granted in respect of offences punishable under the laws of the requesting Party and of the requested Party by deprivation of liberty or under a detention order for a maximum period of at least one year or by a more severe penalty. Where a conviction and prison sentence have occurred or a detention order has been made in the territory of the requesting Party, the punishment awarded must have been for a period of at least four months.

SCH-1.2

2. If the request for extradition includes several separate offences each of which is punishable under the laws of the requesting Party and the requested Party by deprivation of liberty or under a detention order, but of which some do not fulfil the condition with regard to the amount of punishment which may be awarded, the requested Party shall also have the right to grant extradition for the latter offences.

SCH-1.3

3. Any Contracting Party whose law does not allow extradition for certain of the offences referred to in paragraph 1 of this Article may, insofar as it is concerned, exclude such offences from the application of this Convention.

SCH-1.4

4. Any Contracting Party which wishes to avail itself of the right provided for in paragraph 3 of this Article shall, at the time of the deposit of its instrument of ratification or accession, transmit to the Secretary-General of the Council of Europe either a list of the offences for which extradition is allowed or a list of those for which it is excluded and shall at the same time indicate the legal provisions which allow or exclude extradition. The Secretary-General of the Council shall forward these lists to the other signatories.

SCH-1.5

5. If extradition is subsequently excluded in respect of other offences by the law of a Contracting Party, that Party shall notify the Secretary-General. The Secretary-General shall inform the other signatories. Such notification shall not take effect until three months from the date of its receipt by the Secretary-General.

SCH-1.6

6. Any Party which avails itself of the right provided for in paragraphs 4 or 5 of this Article may at any time apply this Convention to offences which have been excluded from it. It shall inform the Secretary-General of the Council of such changes, and the Secretary-General shall inform the other signatories.

SCH-1.7

7. Any Party may apply reciprocity in respect of any offences excluded from the application of the Convention under this Article.

POLITICAL OFFENCES

POLITICAL OFFENCES

SCH-1.1

1. Extradition shall not be granted if the offence in respect of which it is requested is regarded by the requested Party as a political offence or as an offence connected with a political offence.

SCH-1.2

2. The same rule shall apply if the requested Party has substantial grounds for believing that a request for extradition for an ordinary criminal offence has been made for the purpose of prosecuting or punishing a person on account of his race, religion, nationality or political opinion, or that that person’s position may be prejudiced for any of these reasons.

SCH-1.3

3. The taking or attempted taking of the life of a Head of State or a member of his family shall not be deemed to be a political offence for the purposes of this Convention.

SCH-1.4

4. This Article shall not affect any obligations which the Contracting Parties may have undertaken or may undertake under any other international convention of a multilateral character.

MILITARY OFFENCES

Extradition for offences under military law which are not offences under ordinary criminal law is excluded from the application of this Convention.

FISCAL OFFENCES

Extradition shall be granted, in accordance with the provisions of this Convention, for offences in connection with taxes, duties, customs and exchange only if the Contracting Parties have so decided in respect of any such offences or category of offences.

EXTRADITION OF NATIONALS

EXTRADITION OF NATIONALS

SCH-1.1

1. (a) A Contracting Party shall have the right to refuse extradition of its nationals.

(b) Each Contracting Party may, by a declaration made at the time of signature or of deposit of its instrument of ratification or accession, define as far as it is concerned the term “nationals”...

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