United States of America (Extradition) Order 1976
| Jurisdiction | UK Non-devolved |
1976 No. 2144
FUGITIVE CRIMINAL
The United States of America (Extradition) Order 197615thDecember 1976
23rdDecember 1976
21stJanuary 1977
At the Court at Buckingham Place, the 15th day of December 1976
Present,
The Queen's Most Excellent Majesty in Council
Whereas a Treaty with Protocol of Signature was concluded on 8th June 1972 between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America for the reciprocal extradition of offenders, the terms of which are set out in Schedule 1 to this Order:
And whereas the said Treaty and Protocol were ratified on 21st October 1976:
And whereas in accordance with Article II(1)(a) of the said Treaty it has-been agreed by Notes exchanged on 21st October 1976(a) that the Treaty shall apply to those territories for the international relations of which the United Kingdom is responsible and which are specified in Schedule 2 to this Order:
And whereas on the entry into force of the said Treaty the provisions of the earlier Extradition Treaty which was concluded on 22nd December 1931(b) shall cease to have effect between the United Kingdom and the United States of America:
Now, therefore, Her Majesty, in exercise of the powers conferred on Her by sections 2, 17 and 21 of the Extradition Act, 1870(c) 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:—
1. This Order may be cited as the United States of America (Extradition) Order 1976 and shall come into operation on 21st January 1977.
2. The Interpretation Act 1889(d) shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.
3. The Extradition Acts 1870 to 1935, as amended or extended by any subsequent enactment, shall apply in the case of the United States of America in accordance with the said Treaty of the 8th June 1972.
4. The operation of this Order is limited to the United Kingdom of Great Britain and Northern Ireland, the Channel Islands, the Isle of Man, and the other territories (including their dependencies) specified in Schedule 2 to this Order.
5. The United States of America (Extradition) Order in Council 1935(e) is hereby revoked.
N. E. Leigh, Clerk of the Privy Council.
(a) Cmnd.
(b) Cmnd. 4928.
(c) 1870 c. 52.
(d) 1889 c. 63.
(e) S.R. & O. 1935/574 (Rev. IX. p. 421: 1935 p. 552).
SCHEDULE 1
EXTRADITION TREATY BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA
The Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America;
Desiring to make provision for the reciprocal extradition of offenders;
Have agreed as follows:
ARTICLE I
Each Contracting Party undertakes to extradite to the other, in the circumstances and subject to the conditions specified in this Treaty, any person found in its territory who has been accused or convicted of any offence within Article III, committed within the jurisdiction of the other Party.
ARTICLE II
(1) This Treaty shall apply:
(a) in relation to the United Kingdom: to Great Britain and Northern Ireland, the Channel Islands, the Isle of Man, and any territory for the international relations of which the United Kingdom is responsible and to which the Treaty shall have been extended by agreement between the Contracting Parties embodied in an Exchange of Notes; and
(b) to the United States of America ;
and references to the territory of a Contracting Party shall be construed accordingly.
(2) The application of this Treaty to any territory in respect of which extension has been made in accordance with paragraph (1) of this Article may be terminated by either Contracting Party giving six months written notice to the other through the diplomatic channel.
ARTICLE III
(1) Extradition shall be granted for an act or omission the facts of which disclose an offence within any of the descriptions listed in the Schedule annexed to this Treaty, which is an integral part of the Treaty, or any other offence, if:
(a) the offence is punishable under the laws of both Parties by imprisonment or other form of detention for more than one year or by the death penalty;
(b) the offence is extraditable under the relevant law, being the law of the United Kingdom or other territory to which this Treaty applies by virtue of sub-paragraph (1) (a) of Article II; and
(c) the offence constitutes a felony under the law of the United States of America.
(2) Extradition shall also be granted for any attempt or conspiracy to commit an offence within paragraph (1) of this Article if such attempt or conspiracy is one for which extradition may be granted under the laws of both Parties and is punishable under the laws of both Parties by imprisonment or other form of detention for more than one year or by the death penalty.
(3) Extradition shall also be granted for the offence of impeding the arrest or prosecution of a person who has committed an offence for which extradition may be granted under this Article and which is punishable under the laws of both Parties by imprisonment or other form of detention for a period of five years or more.
(4) A person convicted of and sentenced for an offence shall not be extradited therefor unless he was sentenced to imprisonment or other form of detention for a period of four months or more or, subject to the provisions of Article...
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