SCHEDULE
Article 2
PROVISIONS OF EXTRADITION ACT 1989 AS EXTENDED TO THE BRITISH ANTARCTIC TERRITORY
PART I
INTRODUCTORY
General
1. Liability to Extradition.
(2) Subject to the provisions of this Act, a person in the Territory who is accused of an extradition crime—
(a)
(a) in the United Kingdom; or
(b)
(b) in a designated Commonwealth country; or
(c)
(c) in a colony; or
(d)
(d) in the Republic of Ireland,
or who is alleged to be unlawfully at large after conviction of such an offence in the United Kingdom or in any such Commonwealth country or in a colony or in the Republic of Ireland, may be arrested and returned to the United Kingdom or to that Commonwealth country or to that colony or to the Republic of Ireland in accordance with extradition procedures under Part III of this Act.
Extradition crimes
2. Meaning of “extradition crime”.
(1) In this Act, “extradition crime” means—
(a)
(a) conduct in the United Kingdom or in the territory of a designated Commonwealth country or in a colony or in the Republic of Ireland which, if it occurred in the Territory, would constitute an offence punishable with imprisonment for a term of 12 months, or any greater punishment, and which, however described in the law of the United Kingdom, the designated Commonwealth country, the colony or the Republic of Ireland, is so punishable under that law;
(b)
(b) an extra-territorial offence against the law of the United Kingdom, a designated Commonwealth country, a colony or the Republic of Ireland which is punishable under that law with imprisonment for a term of 12 months, or any greater punishment, and which satisfies—
(i) the condition specified in subsection (2) below; or
(ii) all the conditions specified in subsection (3) below.
(2) The condition mentioned in subsection (1)(b)(i) above is that in corresponding circumstances equivalent conduct would constitute an extra-territorial offence against the law of the Territory punishable with imprisonment for a term of 12 months, or any greater punishment.
(3) The conditions mentioned in subsection (1)(b)(ii) above are—
(a)
(a) that the United Kingdom, the designated Commonwealth country, the colony or the Republic of Ireland bases its jurisdiction on the nationality of the offender;
(b)
(b) that the conduct constituting the offence occurred outside the Territory; and
(c)
(c) that, if it occurred in the Territory, it would constitute an offence under the law of the Territory punishable with imprisonment for a term of 12 months, or any greater punishment.
(4) For the purposes of subsections (1) to (3) above—
(a)
(a) the law of the United Kingdom, a designated Commonwealth country, a colony or the Republic of Ireland includes the law of any part of it;
(b)
(b) conduct in a colony or dependency of a designated Commonwealth country, or a vessel, aircraft or hovercraft of such a country, shall be treated as if it were conduct in the territory of that country; and
(c)
(c) conduct in a vessel, aircraft or hovercraft of the United Kingdom, or of a colony of the United Kingdom, or of the Republic of Ireland, shall be treated as if it were conduct in the United Kingdom or in that colony or in the Republic of Ireland.
Return to Commonwealth countries, colonies and Republic of Ireland
5. Procedure for designation, etc.
(1) In this Act as it has effect under the law of the Territory, “designated Commonwealth country” means any country that is for the time being a designated Commonwealth country under this Act as it has effect under the law of the United Kingdom.
(2) This Act has effect in relation to all colonies.
(3) Subject to any provision made by the Commissioner under subsection (4) below, any Order of Her Majesty in Council made under section 5(3) of this Act as it has effect under the law of the United Kingdom, and any provision made by an order of Her Majesty in Council in reliance on section 5(4) of this Act as it so has effect, shall have effect also under the law of the Territory.
(4) The Commissioner may, by order made with the approval of the Secretary of State, direct that any Order of Her Majesty in Council made under section 5(3) of the Act as it has effect under the law of the United Kingdom, or any provision made by an Order of Her Majesty in Council in reliance on section 5(4) of the Act as it so has effect, shall not have effect under the law of the Territory or shall have such effect subject to such exceptions, adaptations or modifications as may be specified in the Commissioner’s order.
(5) Any order made by the Commissioner under this section shall be published in the Official Gazette of the Territory.
PART II
RESTRICTIONS ON RETURN
6. General restrictions on return.
(1) A person shall not be returned under Part III of this Act, or committed or kept in custody for the purposes of return, if it appears to an appropriate authority—
(a)
(a) that the offence of which that person is accused or was convicted is an offence of a political character;
(b)
(b) that it is an offence under military law which is not also an offence under the general criminal law;
(c)
(c) that the request for his return (though purporting to be made on account of an extradition crime) is in fact made for the purpose of prosecuting or punishing him on account of his race, religion, nationality or political opinions; or
(d)
(d) that he might, if returned, be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality or political opinions.
(3) A person accused of an offence shall not be returned, or committed or kept in custody for the purposes of return, if it appears to an appropriate authority that if charged with that offence in the Territory he would be entitled to be discharged under any rule of law relating to previous acquittal or conviction.
(4) A person shall not be returned to a designated Commonwealth country or to a colony or to the Republic of Ireland, or committed or kept in custody for the purposes of such return, unless provision is made by the relevant law, or by an arrangement made with the relevant Commonwealth country or colony or the Republic of Ireland, for securing that he will not, unless he has first had an opportunity to leave it, be dealt with there for or in respect of any offence committed before his return to it other than—
(a)
(a) the offence in respect of which his return is ordered;
(b)
(b) an offence, other than an offence excluded by subsection (5) below, which is disclosed by the facts in respect of which his return was ordered; or
(c)
(c) subject to subsection (6) below, any offence being an extradition crime in respect of which the Commissioner may consent to his being dealt with.
(5) The offences excluded from paragraph (b) of subsection (4) above are offences in relation to which an order for the return of the person concerned could not lawfully be made.
(6) The Commissioner may not give consent under paragraph (c) of that subsection in respect of an offence in relation to which it appears to him that an order for the return of the person concerned could not lawfully be made, or would not in fact be made.
(7) Any such arrangement as is mentioned in subsection (4) above which is made with a designated Commonwealth country or a colony or the Republic of Ireland may be an arrangement made for the particular case or an arrangement of a more general nature; and for the purposes of that subsection a certificate issued by or under the authority of the Commissioner confirming the existence of an arrangement with a Commonwealth country or a colony or the Republic of Ireland and stating its terms shall be conclusive evidence of the matters contained in the certificate.
(8) In relation to the United Kingdom or a Commonwealth country or a colony the reference in subsection (1) above to an offence of a political character does not include an offence against the life or person of the Head of the Commonwealth or attempting or conspiring to commit, or assisting, counselling or procuring the commission of or being accessory before or after the fact to such...
