European Convention on Extradition Order 1990 (Amendment) Order 1997
| Jurisdiction | UK Non-devolved |
| Citation | SI 1997/1759 |
| Year | 1997 |
1997 No. 1759
EXTRADITION
The European Convention on Extradition Order 1990 (Amendment) Order 1997
Made 22th July 1997
Laid before Parliament 1st August 1997
Coming into force 1st September 1997
At the Court at Buckingham Palace, the 22nd day of July 1997
Present,
The Queen’s Most Excellent Majesty in Council
Whereas the European Convention on Extradition (“the Convention”)1opened for signature at Paris on 13th December 1957 entered into force for the United Kingdom on 14th May 1991:
And whereas section 3(2) of the Extradition Act 19892provides 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:
And whereas the Convention entered into force in respect of Malta on 17th June 1996 and Malta made the reservations and declarations set out in article 2(c) of this Order:
Now, therefore, Her Majesty, in exercise of the powers conferred on Her by section 4(1) of the Extradition Act 1989, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
1. This Order may be cited as the European Convention on Extradition Order 1990 (Amendment) Order 1997 and shall come into force on 1st September 1997.
2. The European Convention on Extradition Order 19903shall be amended as follows:
(a) For article 2(2) there shall be substituted the following:
“2 for this purpose, Cyprus and Malta shall be treated as foreign States.”,
(b) In Part 1 of Schedule 2 (which names States parties to the Convention), at the appropriate place in the alphabetical order, the following entry shall be inserted—
“Malta.”
(c) In Schedule 3 (which sets out the reservations and declarations made by States parties to the Convention), the following Part shall be inserted after Part 13—
“PART 13A
MALTA
Reservations
Article 1
Malta reserves the right to grant a request for the extradition of a person accused of an offence only where the court of committal is satisfied, after hearing any evidence tendered in support of the request for the return of that person or on behalf of that person, that the evidence would be sufficient to warrant his trial for that offence if it had been committed within the jurisdiction of the Courts of Criminal Justice of Malta. A person convicted of an...
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