OpenLegislation

The European Union Extradition Regulations 2002

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2002, ISBN 0110392205

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under secion 112(7) of the Anti-terrorism, Crime and Security Act 2001 for approval by resolution of each House of Parliament.

EXTRADITION

Made 2002

Coming into force on a date to be notified in the London, Edinburgh and Belfast Gazettes

Whereas the Convention drawn up on the basis of Article K.3 of the Treaty on European Union on Simplified Extradition Procedure between the Member States of the European Union (referred to in these Regulations as “the 1995 Convention”)f1, the terms of which are set out in Schedule 1 to these Regulations, was opened for signature in Brussels on 10th March 1995 and was signed by the United Kingdom on that date;

And whereas the United Kingdom has made the reservation, declarations and statements set out in Schedule 2 to these Regulations;

And whereas the States listed in Schedule 3 to these Regulations are parties to the Convention and have made the reservations, declarations and statements set out in Schedule 4 to these Regulations;

And whereas the Convention drawn up on the basis of Article K.3 of the Treaty on European Union relating to Extradition between the Member States of the European Union (referred to in these Regulations as “the 1996 Convention”)f2 the terms of which are set out in Schedule 5 to these Regulations, was opened for signature in Dublin on 27th September 1996 and was signed by the United Kingdom on that date;

And whereas the United Kingdom has made the declarations and statements set out in Schedule 6 to these Regulations;

And whereas the States listed in Schedule 7 to these Regulations are parties to the Convention and have made the reservations, declarations and statements set out in Schedule 8 to these Regulations;

And whereas the 1995 Convention and the 1996 Convention are third pillar measures for the purposes of section 111(1) of the Anti-terrorism, Crime and Security Act 2001 f3 by virtue of section 111(2)(a) and (b) of that Act;

And whereas the said section 111(1) provides that an authorised Minister may by regulations make provision for the purpose of implementing any obligation of the United Kingdom created or arising by or under any third pillar measure, or enabling any such obligation to be implemented, or for the purpose of enabling any rights enjoyed or to be enjoyed by the United Kingdom under or by virtue of any third pillar measure to be exercised, or for the purpose of dealing with matters arising out of or related to any such obligation or rights;

And whereas, under section 112(1) and (3) of the said Act, the Secretary of State is an authorised Minister for the purposes of the said section 111(1);

And whereas a draft of these Regulations has been laid before and approved by a resolution of each House of Parliament;

Now, therefore, in exercise of the powers conferred upon him by the said section 111(1) and (3), the Secretary of State hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

Cm. 2958.

f2

Cm. 3533.

f3

2001 c. 24.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Application of the 1989 Act
  3. Signature
  4. Schedule 1THE CONVENTION ON SIMPLIFIED EXTRADITION PROCEDURE BETWEEN MEMBER STATES OF THE EUROPEAN UNION (“THE 1995 CONVENTION”)
  5. Chapter ARTICLE 1: GENERAL PROVISIONS
  6. 1Paragraph 1
  7. 2Paragraph 2
  8. ARTICLE 2OBLIGATION TO SURRENDER PERSONS
  9. Chapter ARTICLE 3: CONDITIONS FOR SURRENDER
  10. 1Paragraph 1
  11. 2Paragraph 2
  12. Chapter ARTICLE 4: INFORMATION TO BE PROVIDED
  13. 1Paragraph 1
  14. 2Paragraph 2
  15. Chapter ARTICLE 5: CONSENT AND AGREEMENT
  16. 1Paragraph 1
  17. 2Paragraph 2
  18. ARTICLE 6INFORMATION TO BE GIVEN TO THE PERSON
  19. Chapter ARTICLE 7: ESTABLISHING CONSENT
  20. 1Paragraph 1
  21. 2Paragraph 2
  22. 3Paragraph 3
  23. 4Paragraph 4
  24. Chapter ARTICLE 8: NOTIFICATION OF CONSENT
  25. 1Paragraph 1
  26. 2Paragraph 2
  27. ARTICLE 9RENUNCIATION OF ENTITLEMENT TO THE SPECIALITY RULE
  28. Chapter ARTICLE 10: NOTIFICATION OF THE EXTRADITION DECISION
  29. 1Paragraph 1
  30. 2Paragraph 2
  31. Chapter ARTICLE 11: DEADLINE FOR SURRENDER
  32. 1Paragraph 1
  33. 2Paragraph 2
  34. 3Paragraph 3
  35. 4Paragraph 4
  36. Chapter ARTICLE 12: CONSENT GIVEN AFTER EXPIRY OF THE DEADLINE LAID DOWN IN ARTICLE 8 OR IN OTHER CIRCUMSTANCES
  37. 1Paragraph 1
  38. 2Paragraph 2
  39. 3Paragraph 3
  40. ARTICLE 13RE-EXTRADITION TO ANOTHER MEMBER STATE
  41. ARTICLE 14TRANSIT
  42. ARTICLE 15DETERMINING THE COMPETENT AUTHORITIES
  43. Chapter ARTICLE 16: ENTRY INTO FORCE
  44. 1Paragraph 1
  45. 2Paragraph 2
  46. 3Paragraph 3
  47. 4Paragraph 4
  48. 5Paragraph 5
  49. Chapter ARTICLE 17: ACCESSION
  50. 1Paragraph 1
  51. 2Paragraph 2
  52. 3Paragraph 3
  53. 4Paragraph 4
  54. 5Paragraph 5
  55. Schedule 2RESERVATION, DECLARATIONS AND STATEMENTS BY THE UNITED KINGDOM RELATING TO THE 1995 CONVENTION
  56. Schedule 3PARTIES TO THE 1995 CONVENTION
  57. Schedule 4: RESERVATIONS, DECLARATIONS AND STATEMENTS MADE BY THE PARTIES TO THE 1995 CONVENTION
  58. AUSTRIA
  59. DENMARK
  60. FINLAND
  61. GERMANY
  62. GREECE
  63. LUXEMBOURG
  64. NETHERLANDS
  65. PORTUGAL
  66. SPAIN
  67. SWEDEN
  68. Schedule 5THE CONVENTION RELATING TO EXTRADITION BETWEEN MEMBER STATES OF THE EUROPEAN UNION (“THE 1996 CONVENTION”)
  69. Chapter ARTICLE 1: GENERAL PROVISIONS
  70. 1Paragraph 1
  71. 2Paragraph 2
  72. Chapter ARTICLE 2: EXTRADITABLE OFFENCES
  73. 1Paragraph 1
  74. 2Paragraph 2
  75. 3Paragraph 3
  76. Chapter ARTICLE 3: CONSPIRACY AND ASSOCIATION TO COMMIT OFFENCES
  77. 1Paragraph 1
  78. 2Paragraph 2
  79. 3Paragraph 3
  80. 4Paragraph 4
  81. ARTICLE 4ORDER FOR DEPRIVATION OF LIBERTY IN A PLACE OTHER THAN A PENITENTIARY INSTITUTION
  82. Chapter ARTICLE 5: POLITICAL OFFENCES
  83. 1Paragraph 1
  84. 2Paragraph 2
  85. 3Paragraph 3
  86. 4Paragraph 4
  87. Chapter ARTICLE 6: FISCAL OFFENCES
  88. 1Paragraph 1
  89. 2Paragraph 2
  90. 3Paragraph 3
  91. Chapter ARTICLE 7: EXTRADITION OF NATIONALS
  92. 1Paragraph 1
  93. 2Paragraph 2
  94. 3Paragraph 3
  95. Chapter ARTICLE 8: LAPSE OF TIME
  96. 1Paragraph 1
  97. 2Paragraph 2
  98. ARTICLE 9AMNESTY
  99. Chapter ARTICLE 10: OFFENCES OTHER THAN THOSE UPON WHICH THE REQUEST FOR EXTRADITION IS BASED
  100. 1Paragraph 1
  101. 2Paragraph 2
  102. 3Paragraph 3
  103. 4Paragraph 4
  104. ARTICLE 11PRESUMPTION OF CONSENT OF THE REQUESTED STATE
  105. Chapter ARTICLE 12: RE-EXTRADITION TO ANOTHER MEMBER STATE
  106. 1Paragraph 1
  107. 2Paragraph 2
  108. Chapter ARTICLE 13: CENTRAL AUTHORITY AND TRANSMISSION OF DOCUMENTS BY FACSIMILE
  109. 1Paragraph 1
  110. 2Paragraph 2
  111. 3Paragraph 3
  112. 4Paragraph 4
  113. 5Paragraph 5
  114. ARTICLE 14SUPPLEMENTARY INFORMATION
  115. ARTICLE 15AUTHENTICATION
  116. ARTICLE 16TRANSIT
  117. ARTICLE 17RESERVATIONS
  118. Chapter ARTICLE 18: ENTRY INTO FORCE
  119. 1Paragraph 1
  120. 2Paragraph 2
  121. 3Paragraph 3
  122. 4Paragraph 4
  123. 5Paragraph 5
  124. Chapter ARTICLE 19: ACCESSION OF NEW MEMBER STATES
  125. 1Paragraph 1
  126. 2Paragraph 2
  127. 3Paragraph 3
  128. 4Paragraph 4
  129. 5Paragraph 5
  130. Chapter ARTICLE 20: DEPOSITARY
  131. 1Paragraph 1
  132. 2Paragraph 2
  133. Schedule 6DECLARATIONS AND STATEMENTS BY THE UNITED KINGDOM RELATING TO THE 1996 CONVENTION
  134. Schedule 7PARTIES TO THE 1996 CONVENTION
  135. Schedule 8: RESERVATIONS, DECLARATIONS AND STATEMENTS MADE BY THE PARTIES TO THE 1996 CONVENTION
  136. ANNEX TO THE 1996 CONVENTION
  137. AUSTRIA
  138. BELGIUM
  139. DENMARK
  140. FINLAND
  141. GERMANY
  142. GREECE
  143. LUXEMBOURG
  144. NETHERLANDS
  145. PORTUGAL
  146. SPAIN
  147. SWEDEN
  148. Schedule 9: AMENDMENTS TO THE EXTRADITION ACT 1989
  149. 1Paragraph 1
  150. 2Paragraph 2
  151. 3Paragraph 3
  152. 4Paragraph 4
  153. 5Paragraph 5
  154. Explanatory note