SCHEDULE
EXTRADITION TREATY BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF THE KINGDOM OF SPAIN
The Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Kingdom of Spain;
Desiring to make provision for the reciprocal extradition of offenders;
Have agreed as follows:
Article 1
For the purposes of this Treaty:
(a) "detention order" shall mean any order involving deprivation of liberty which has been made by a criminal court in addition to or instead of a prison sentence;
(b) "nationals" shall mean:
(i) in relation to the United Kingdom:
British citizens
British Dependent Territories citizens
British Overseas citizens
British subjects
British protected persons;
(ii) in relation to Spain:
persons of Spanish nationality.
Article 2
The Contracting Parties undertake to surrender to each other, subject to the provisions laid down in the following Articles, any persons against whom the competent authorities of the requesting Party are proceeding for any offence or who are wanted by the said authorities for the carrying out of a sentence or detention order.
Article 3
(1) Extradition shall be granted in respect of offences punishable under the laws of both Contracting Parties by deprivation of liberty, whether for a term of imprisonment or under a detention order, for a maximum period of at least one year or by a more severe penalty, provided that extradition would not be excluded by the law of either Party.
(2) Where extradition is requested for the purpose of carrying out a sentence, a further requirement shall be that the period of imprisonment or detention which remains to be served shall be at least four months.
(3) When the requesting Party requests the extradition of a person for the purpose of carrying out a sentence or detention order imposed by a decision rendered against himin absentia, the requested Party may refuse to extradite for this purpose if, in its opinion, the proceedings leading to the judgment did not satisfy the minimum rights of defence recognised as due to everyone charged with a criminal offence. However, extradition shall be granted if the requesting Party gives an assurance considered sufficient to guarantee to the person claimed the right to a retrial which safeguards the rights of the defence. The decision to extradite in these cicrcumstances will authorise the requesting Party either to enforce the judgment in question if the convicted person does not object or, if he does, to take proceedings against the person extradited.
Article 4
(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.
(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.
(3) Nothing in this Treaty shall affect the application of the European Convention on the Suppression of Terrorism or the United Nations Convention on the Prevention and Punishment of the Crime of Genocide.
Article 5
Extradition for offences under military law which are not offences under ordinary criminal law is excluded from the application of this Treaty.
Article 6
For offences in connection with taxes, duties, customs and exchange, extradition shall take place between the Contracting Parties in accordance with the provisions of this Treaty, provided that extradition would not be excluded by the law of either Party.
Article 7
(1) The requested Party shall have the right to refuse extradition of its own nationals. For this purpose, nationality shall be determined at the time of the decision concerning extradition.
(2) If the requested Party does not agree to extradite a national, it shall at the request of the requesting Party submit the case to the competent authorities in order that proceedings may be taken against him if they are considered appropriate. For this purpose, the documents, information and exhibits relating to the offence shall be transmitted without charge through the diplomatic channel. The requesting Party shall be informed of the result of its request.
Article 8
The requested Party may refuse to extradite a person claimed for an offence which is regarded by its law as having been committed within the jurisdiction of its courts.
Article 9
(1) The requested Party may refuse to extradite the person claimed if the competent authorities of that Party are proceeding against him in respect of the offence or offences for which extradition is requested.
(2) Extradition shall not be granted if final judgment has been passed by the competent authorities of the requested Party upon the person claimed in respect of the offence or offences for which extradition is requested. Extradition may be refused if the competent authorities of the requested Party have decided either not to institute or to terminate proceedings in respect of the same offence or offences.
Article 10
Extradition shall not be granted if criminal liability has been discharged for any reason provided for in the legislation of the requesting Party or of the requested Party.
Article 11
If the offence for which extradition is requested is punishable by death under the law of the requesting Party, and if in respect of such an offence the death penalty is not provided for by the law of the requested Party or is not normally carried out, extradition may be refused unless the requesting Party gives such assurances as the requested Party considers sufficient that the death penalty will not be carried out.
Article 12
(1) The request for extradition shall be in writing and shall be communicated through the diplomatic channel.
(2) The request shall be accompanied by:
(a) the text, if any, of the law defining the offence and prescribing the maximum punishment for that offence as well as the legal provision which establishes the extraditable character of the offence inasmuch as the case is not amongst the exceptions specified by the law of the requesting Party;
(b) as accurate a description as possible of the person claimed, together with any information which will help to establish his identity, nationality and place of residence; and
(c) a statement of the facts of the offence for which extradition is requested.
(3) If the request relates to an accused person, it must be accompanied, in addition to the documents required by paragraph (2) of this Article, by:
(a) a warrant of arrest or other equivalent judicial document authorising arrest; and
(b) evidence which would be sufficient, according to the law of the requested Party, to justify, if the offence had been committed in its territory, submitting the case for trial or sentence to a superior court or to another judicial authority which would be competent in either case.
(4) If the request relates to a convicted person, it must be accompanied, in addition to the documents required by paragraph (2) of this Article, by a certificate or the judgment of the conviction and by a statement certifying that the sentence has not been served or has only been served in part.
(5) If the person is sought for the purpose of giving effect to a prison sentence or detention order imposed in his absence, the person shall be treated as an accused rather than as a convicted person.
(6) The authorities of the requested Party shall admit as evidence, in any proceedings for extradition, statements on oath or affirmation taken in the territory of the requesting Party, any warrant, any copy of such statement or warrant and any certificate of, or judicial document stating the fact of, a conviction, provided that original documents are signed by a judge, magistrate or other competent authority of the requesting Party and, in the case of a copy, are authenticated by being certified to be a true copy of the original; and, in every case, the documents must be authenticated by the official seal of the appropriate Minister of the requesting Party, or in such other manner as may be permitted by the law of the requested Party.
(7) Until such time as the person claimed is delivered up, he may avail himself of all the rights, appeals and judicial guarantees afforded by the law of the requested Party.
(8) If in a particular case the...
