Extradition (Drug Trafficking) Order 1997

JurisdictionUK Non-devolved
CitationSI 1997/1762
Year1997

1997 No. 1762

EXTRADITION

The Extradition (Drug Trafficking) 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 Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (referred to in this Order as “the Convention” and set out in Schedule 1 to this Order) opened for signature at Vienna from 20th December 1988 until 28th February 1989 and subsequently at the United Nations Headquarters, New York until 20th December 19891entered into force for the United Kingdom on 26th September 1991:

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 18702are in force:

And whereas the States mentioned in Part 1 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 section 22(3) of the Extradition Act 19893provides that where general extradition arrangements have not been made with a State which is a Party to the Convention, and no Order in Council under section 2 of the Extradition Act 1870 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 in respect of the offences set out in Article 3, paragraph 1 of the Convention, as if the Convention constituted general extradition arrangements between the United Kingdom and the foreign State, or any foreign State, party to the Convention:

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

S-1 This Order may be cited as the Extradition (Drug Trafficking)...

1. This Order may be cited as the Extradition (Drug Trafficking) Order 1997, and shall come into force on 1st September 1997.

S-2 Schedule 2 to this Order specifies in the first column foreign...

2.—(1) Schedule 2 to this Order specifies in the first column foreign States which are Parties to the Convention and with which extradition treaties (and Orders in Council under section 2 of the Extradition Act 1870) are for the time being in force, in the second column the dates of those treaties, and in the third column those Orders in Council; and

(2) Schedule 1 to the Extradition Act 19894shall apply in the case of a State specified in the first column in accordance with the extradition treaty whose date is specified in the corresponding entry in the second column, as supplemented by paragraph 2 of Article 6 of the Convention; and the Order in Council which gives effect to that extradition treaty shall be construed accordingly.

S-3 The Extradition Act 1989, so far as it relates to extradition...

3. The Extradition Act 1989, so far as it relates to extradition procedures under Part III of that Act, shall apply in the case of a State specified in Part I of Schedule 3 to this Order (being States in respect of which the Convention is in force) subject to the limitations, restrictions, exceptions and qualifications contained in Part II of that Schedule.

S-4 The Extradition (Drug Trafficking) Order 1991 is hereby...

4. The Extradition (Drug Trafficking) Order 19915is hereby revoked.

S-5 This Order extends only to the United Kingdom, the Channel...

5. This Order extends only to the United Kingdom, the Channel Islands and the Isle of Man, and to those territories specified in Schedule 4 to this Order.

N. H. Nicholls

Clerk of the Privy Council

SCHEDULE 1

CONVENTION AGAINST ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES

The Parties to this Convention,

Deeply concerned by the magnitude of and rising trend in the illicit production of, demands for and traffic in narcotic drugs and psychotropic substances, which pose a serious threat to the health and welfare of human beings and adversely affect the economic, cultural and political foundations of society,

Deeply concerned also by the steadily increasing inroads into various social groups made by illicit traffic in narcotic drugs and psychotropic substances, and particularly by the fact that children are used in many parts of the world as an illicit drug consumers market and for purposes of illicit production, distribution and trade in narcotic drugs and psychotropic substances, which entails a danger of incalculable gravity,

Recognizing the links between illicit traffic and other related organized criminal activities which undermine the legitimate economies and threaten the stability, security and sovereignty of States,

Recognizing also that illicit traffic is an international criminal activity, the suppression of which demands urgent attention and the highest priority,

Aware that illicit traffic generates large financial profits and wealth enabling transnational criminal organizations to penetrate, contaminate and corrupt the structures of government, legitimate commercial and financial business, and society at all its levels,

Determined to deprive persons engaged in illicit traffic of the proceeds of their criminal activities and thereby eliminate their main incentive for so doing,

Desiring to eliminate the root cause of the problem of abuse of narcotic drugs and psychotropic substances, including the illicit demand for such drugs and substances and the enormous profits derived from illicit traffic,

Considering that measures are necessary to monitor certain substances, including precursors, chemicals and solvents, which are used in the manufacture of narcotic drugs and pyschotropic substances, the ready availability of which has led to an increase in the clandestine manufacture of such drugs and substances,

Determined to improve international co-operation in the suppression of illicit traffic by sea,

Recognizing that eradication of illicit traffic is a collective responsibility of all States and that, to that end, co-ordinated action within the framework of international co-operation is necessary,

Acknowledging the competence of the United Nations in the field of control of narcotic drugs and pyschotropic substances and desirous that the international organs concerned with such control should be within the framework of that Organization,

Reaffirming the guiding principles of existing treaties in the field of narcotic drugs and psychotropic substances and the system of control which they embody,

Recognizing the need to reinforce and supplement the measures provided in the Single Convention on Narcotic Drugs, 19616, that Convention as amended by the 1972 Protocol Amending the Single Convention on Narcotic Drugs, 19616, and the 1971 Convention on Psychotropic Substances7, in order to counter the magnitude and extent of illicit traffic and its grave consequences,

Recognizing also the importance of strengthening and enhancing effective legal means for international co-operation in criminal matters for suppressing the international criminal activities of illicit traffic,

Desiring to conclude a comprehensive, effective and operative international convention that is directed specifically against illicit traffic that considers the various aspects of the problem as a whole, in particular those aspects not envisaged in the existing treaties in the field of narcotic drugs and psychotropic substances,

Hereby agree as follows:

Article 1

Article 1

Except where otherwise expressly indicated or where the context otherwise requires, the following definitions shall apply throughout this Convention;

(a) “Board” means the International Narcotics Control Board established by the Single Convention on Narcotic Drugs, 1961, and that Convention as amended by the 1972 Protocol amending the Single Convention on Narcotic Drugs, 1961;

(b) “Cannabis plant” means any plant of the genus Cannabis;

(c) “Coca bush” means any plant of any species of the genus Erythroxylon;

(d) “Commercial carrier” means any person or any public, private or other entity engaged in transporting persons, goods or mails for remuneration, hire or any other benefit;

(e) “Commission” means the Commission on Narcotic Drugs of the Economic and Social Council of the United Nations;

(f) “Confiscation” which includes forfeiture where applicable, means the permanent deprivation of property by order of a court or other competent authority;

(g) “Controlled delivery” means the technique of allowing illicit or suspect consignments of narcotic drugs, psychotropic substances, substances in Table I and Table II annexed to this Convention, or substances substituted for them, to pass out of, or through or into the territory of one or more countries, with the knowledge and under the supervision of their competent authorities, with a view to identifying persons involved in the commission of offences established in accordance with article 3, paragraph 1 of the Convention;

(h) “1961 Convention” means the Single Convention on Narcotic Drugs, 1961;

(i) “1961 Convention as amended” means the Single Convention on Narcotic Drugs, 1961, as amended by the 1972 Protocol amending the Single Convention on Narcotic Drugs, 1961;

(j) “1971 Convention” means the Convention on Psychotropic Substances, 1971;

(k) “Council” means the Economic and Social Council of the United Nations;

(l) “Freezing” or “seizure” means temporarily prohibiting the transfer, conversion, disposition or movement of property or temporarily assuming custody or control of property on the basis of an order issued by a court of a competent authority;

(m) “illicit traffic” means the offences set forth in article 3, paragraphs 1 and 2, of this Convention;

(n)...

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