OpenLegislation

The European Convention on Extradition Order 1990

S.I. 1990/1507 · Made 24 July 1990

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.

EXTRADITION

Made 24th July 1990

Laid before Parliament 1st August 1990

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

At the Court at Buckingham Palace, the 24th day of July 1990

Present,

The Queen’s Most Excellent Majesty in Council

Whereas the European Convention on Extradition (hereinafter referred to as “the Convention”) the terms of which are set out in Schedule 1 to this Order, was opened for signature by Members of the Council of Europe on 13th December 1957:

And whereas the States listed in Schedule 2 to this Order are parties to the Convention, and have made certain reservations and declarations, the terms of which are set out in Schedule 3 to this Order:

And whereas the Convention provides for denunciation by means of a notice given by a party to it, such denunciation to take effect six months after the date when the Secretary-General of the Council of Europe receives such notice:

And whereas it is intended to ratify the Convention and to make the reservations and notification set out in Schedule 4 to this Order:

And whereas the Convention with the said reservations is in conformity with the provisions of the Extradition Act 1989 (“the 1989 Act”)f1, in particular with the restrictions on return contained in Part II of that Act:

And whereas section 4(1) of the 1989 Act provides that where general extradition arrangements have been made, Her Majesty may by Order in Council reciting or embodying their terms, direct that the 1989 Act, so far as it relates to extradition procedures under Part III of that Act, shall apply between the United Kingdom and the foreign State or any foreign State with which they have been made, subject to the limitations, restrictions, exceptions and qualifications in the Order:

And whereas section 3(2) of the 1989 Act provides that for the purpose of extradition procedures under Part III of the Act, a State which is a party to the Convention may be treated as a foreign State:

Now, therefore, Her Majesty, in exercise of the powers conferred on Her by sections 2 and 21 of the Extradition Act 1870f2 and sections 4(1) and 37(3) of the 1989 Act 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:–

Annotations to the whole text

Footnotes

f1

1989 c. 33.

f2

1870 c. 52.

Contents

  1. 1Article 1
  2. 2Article 2
  3. 3Article 3
  4. 4Article 4
  5. 5Article 5
  6. Signature
  7. Schedule 1: THE CONVENTION
  8. THE EUROPEAN CONVENTION ON EXTRADITION
  9. ARTICLE 1OBLIGATION TO EXTRADITE
  10. EXTRADITABLE OFFENCES
  11. 1Paragraph 1
  12. 2Paragraph 2
  13. 3Paragraph 3
  14. 4Paragraph 4
  15. 5Paragraph 5
  16. 6Paragraph 6
  17. 7Paragraph 7
  18. POLITICAL OFFENCES
  19. 1Paragraph 1
  20. 2Paragraph 2
  21. 3Paragraph 3
  22. 4Paragraph 4
  23. ARTICLE 4MILITARY OFFENCES
  24. ARTICLE 5FISCAL OFFENCES
  25. EXTRADITION OF NATIONALS
  26. 1Paragraph 1
  27. 2Paragraph 2
  28. PLACE OF COMMISSION
  29. 1Paragraph 1
  30. 2Paragraph 2
  31. ARTICLE 8PENDING PROCEEDINGS FOR THE SAME OFFENCES
  32. ARTICLE 9NON BIS IN IDEM
  33. ARTICLE 10LAPSE OF TIME
  34. ARTICLE 11CAPITAL PUNISHMENT
  35. THE REQUEST AND SUPPORTING DOCUMENTS
  36. 1Paragraph 1
  37. 2Paragraph 2
  38. ARTICLE 13SUPPLEMENTARY INFORMATION
  39. RULE OF SPECIALITY
  40. 1Paragraph 1
  41. 2Paragraph 2
  42. 3Paragraph 3
  43. ARTICLE 15RE-EXTRADITION TO A THIRD STATE
  44. PROVISIONAL ARREST
  45. 1Paragraph 1
  46. 2Paragraph 2
  47. 3Paragraph 3
  48. 4Paragraph 4
  49. 5Paragraph 5
  50. ARTICLE 17CONFLICTING REQUESTS
  51. SURRENDER OF THE PERSON TO BE EXTRADITED
  52. 1Paragraph 1
  53. 2Paragraph 2
  54. 3Paragraph 3
  55. 4Paragraph 4
  56. 5Paragraph 5
  57. POSTPONED OR CONDITIONAL SURRENDER
  58. 1Paragraph 1
  59. 2Paragraph 2
  60. HANDING OVER OF PROPERTY
  61. 1Paragraph 1
  62. 2Paragraph 2
  63. 3Paragraph 3
  64. 4Paragraph 4
  65. TRANSIT
  66. 1Paragraph 1
  67. 2Paragraph 2
  68. 3Paragraph 3
  69. 4Paragraph 4
  70. 5Paragraph 5
  71. 6Paragraph 6
  72. ARTICLE 22PROCEDURE
  73. ARTICLE 23LANGUAGE TO BE USED
  74. EXPENSES
  75. 1Paragraph 1
  76. 2Paragraph 2
  77. 3Paragraph 3
  78. ARTICLE 25DEFINITION OF “DETENTION ORDER”
  79. RESERVATIONS
  80. 1Paragraph 1
  81. 2Paragraph 2
  82. 3Paragraph 3
  83. TERRITORIAL APPLICATION
  84. 1Paragraph 1
  85. 2Paragraph 2
  86. 3Paragraph 3
  87. 4Paragraph 4
  88. RELATIONS BETWEEN THIS CONVENTION AND BILATERAL AGREEMENTS
  89. 1Paragraph 1
  90. 2Paragraph 2
  91. 3Paragraph 3
  92. SIGNATURE, RATIFICATION AND ENTRY INTO FORCE
  93. 1Paragraph 1
  94. 2Paragraph 2
  95. 3Paragraph 3
  96. ACCESSION
  97. 1Paragraph 1
  98. 2Paragraph 2
  99. ARTICLE 31DENUNCIATION
  100. ARTICLE 32NOTIFICATIONS
  101. Schedule 2: STATES PARTIES TO THE CONVENTION
  102. 1Part 1
  103. IIPart II
  104. Schedule 3: RESERVATIONS AND DECLARATIONS MADE BY STATES PARTIES TO THE CONVENTION
  105. Part 1: AUSTRIA
  106. Declarations
  107. Reservations
  108. Part 2: CYPRUS
  109. Declarations and Reservations
  110. Part 3: DENMARK
  111. Reservations
  112. Declarations
  113. Part 4: FEDERAL REPUBLIC OF GERMANY
  114. Reservations and Declarations
  115. Declaration
  116. Part 5: FINLAND
  117. Declaration and notification
  118. Reservations
  119. Part 6: FRANCE
  120. Reservations and Declarations
  121. Part 7: GREECE
  122. Reservations
  123. Part 8: ICELAND
  124. Reservations
  125. Declarations
  126. Part 9: REPUBLIC OF IRELAND
  127. Declaration
  128. Reservation
  129. Part: PART 10
  130. Declarations
  131. Reservations
  132. 1Article 2 and Article 4
  133. 2Article 2 and Article 4
  134. 3Article 2 and Article 4
  135. Part 11: ITALY
  136. Reservation
  137. Part 12: LIECHTENSTEIN
  138. Declarations and Reservations
  139. Part 13: LUXEMBOURG
  140. Reservations
  141. Declarations
  142. Part 14: NETHERLANDS
  143. Declaration made at signature
  144. Reservations
  145. Declarations made on ratification
  146. Part 15: NORWAY
  147. Declaration and Reservations
  148. Part 16: PORTUGAL
  149. Declaration and Reservation
  150. Part 17: SPAIN
  151. Reservations
  152. Declarations
  153. Part 18: SWEDEN
  154. Declarations
  155. Reservations
  156. Part 19: SWITZERLAND
  157. Declarations and Reservations
  158. Part 20: TURKEY
  159. Declaration
  160. Schedule 4RESERVATIONS AND NOTIFICATION BY THE UNITED KINGDOM
  161. Schedule 5ORDERS REVOKED
  162. Explanatory note