The European Convention on Extradition Order 2001
S.I. 2001/962 · Made 14 March 2001
EXTRADITION
Made 14th March 2001
Laid before Parliament 26th March 2001
Coming into force 17th April 2001
At the Court at Buckingham Palace, the 14th day of March 2001
Present,
The Queen’s Most Excellent Majesty in Council
Whereas the European Convention on Extradition (referred to in this Order as “the Convention”)f1, the terms of which are set out in Schedule 1 to this Order, was opened for signature by Members of the Council of Europe at Paris on 13th December 1957 and entered into force for the United Kingdom on 14th May 1991:
And whereas the United Kingdom has made the reservations and a notification set out in Schedule 2 to this Order:
And whereas the States listed in Schedule 3 to this Order are parties to the Convention (and are each referred to in this Order as “a Convention State”) and have made the reservations, notifications and declarations set out in Schedule 4 to this Order:
And whereas section 3(2) of the Extradition Act 1989f2 (referred to in this Order as “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:
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 the Convention, as it has effect in the United Kingdom, is in conformity with the provisions of the 1989 Act, 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 as 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, if any, contained in the Order:
Now, therefore, Her Majesty, in exercise of the powers conferred on Her by sections 4(1) and 37(3) of the 1989 Act, 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
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CM. 1762.
- f2
Contents
- 1Citation
- 2Application of Part III of 1989 Act
- 3Application of Part III of 1989 Act
- 4Extent
- 5Revocation and savings
- Signature
- Schedule 1: THE CONVENTION
- THE EUROPEAN CONVENTION ON EXTRADITION
- ARTICLE 1OBLIGATION TO EXTRADITE
- EXTRADITABLE OFFENCES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- POLITICAL OFFENCES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- ARTICLE 4MILITARY OFFENCES
- ARTICLE 5FISCAL OFFENCES
- EXTRADITION OF NATIONALS
- 1Paragraph 1
- 2Paragraph 2
- PLACE OF COMMISSION
- 1Paragraph 1
- 2Paragraph 2
- ARTICLE 8PENDING PROCEEDINGS FOR THE SAME OFFENCES
- ARTICLE 9NON BIS IN IDEM
- ARTICLE 10LAPSE OF TIME
- ARTICLE 11CAPITAL PUNISHMENT
- THE REQUEST AND SUPPORTING DOCUMENTS
- 1Paragraph 1
- 2Paragraph 2
- ARTICLE 13SUPPLEMENTARY INFORMATION
- RULE OF SPECIALITY
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- ARTICLE 15RE-EXTRADITION TO A THIRD STATE
- PROVISIONAL ARREST
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- ARTICLE 17CONFLICTING REQUESTS
- SURRENDER OF THE PERSON TO BE EXTRADITED
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- POSTPONED OR CONDITIONAL SURRENDER
- 1Paragraph 1
- 2Paragraph 2
- HANDING OVER OF PROPERTY
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- TRANSIT
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- ARTICLE 22PROCEDURE
- ARTICLE 23LANGUAGE TO BE USED
- EXPENSES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- ARTICLE 25DEFINITION OF “DETENTION ORDER”
- RESERVATIONS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- TERRITORIAL APPLICATION
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- RELATIONS BETWEEN THIS CONVENTION AND BILATERAL AGREEMENTS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- SIGNATURE, RATIFICATION AND ENTRY INTO FORCE
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- ACCESSION
- 1Paragraph 1
- 2Paragraph 2
- ARTICLE 31DENUNCIATION
- ARTICLE 32NOTIFICATIONS
- Schedule 2RESERVATIONS AND NOTIFICATION BY THE UNITED KINGDOM
- NOTIFICATION
- Schedule 3
- ICONVENTION STATES
- IIPart II
- Schedule 4: RESERVATIONS AND DECLARATIONS MADE BY CONVENTION STATES
- Part 1: ALBANIA
- Reservations and Declarations
- Part 2: ANDORRA
- Declarations
- Reservations
- Part 3: AUSTRIA
- Declarations
- Reservations
- 4BELGIUM
- Reservations
- Notification
- Part 5: BULGARIA
- Reservations
- Declarations
- Part 6: CROATIA
- Declarations and Reservations
- Part 7: CYPRUS
- Declarations
- 8CZECH REPUBLIC
- Part 9: DENMARK
- Reservations
- Declarations
- Notification
- Part 10: ESTONIA
- Declarations
- 1Article 6
- 2Article 6
- 3Article 23
- Part 11: FINLAND
- Declaration
- Reservations
- Notification
- Part 12: FRANCE
- Reservations and Declarations
- Part 13: GERMANY
- Reservations and Declarations
- Part 14: GREECE
- Declarations and Reservations
- Part 15: HUNGARY
- Reservations and Declarations
- Part 16: ICELAND
- Reservations
- Declarations
- Notification
- Part 17: REPUBLIC OF IRELAND
- Declarations
- Reservation
- Notification
- Part 18: ISRAEL
- Declarations
- Reservations
- Part 19: ITALY
- Declaration and Reservation
- Part 20: LATVIA
- Declaration
- Part 21: LIECHTENSTEIN
- Declarations and Reservations
- Part 22: LITHUANIA
- Reservations
- Declarations
- Part 23: LUXEMBOURG
- Reservations
- Declarations
- Notification
- Part 24: MACEDONIA, FORMER YUGOSLAV REPUBLIC OF
- Declaration
- Reservations
- Part 25: MALTA
- Reservations
- Part 26: MOLDOVA
- Reservations and Declarations
- 1Article 9
- 2Article 9
- Part 27: NETHERLANDS
- Declarations and Reservations
- Notification
- Part 28: NORWAY
- Declarations and Reservations
- Notification
- Part 29: POLAND
- Reservation and Declaration
- Part 30: PORTUGAL
- Declaration and Reservations
- Part 31: ROMANIA
- Declarations
- Reservation
- Part 32: RUSSIAN FEDERATION
- Declarations
- Reservations
- Part 33: SLOVAKIA
- Declarations
- Part 34: SPAIN
- Reservations
- Declarations
- Part 35: SWEDEN
- Declarations
- Reservations
- Part 36: SWITZERLAND
- Declarations and Reservations
- Part 37: TURKEY
- Declaration
- Reservation
- Part 38: UKRAINE
- Reservations and Declarations
- Schedule 5
- IORDERS REVOKED BY ARTICLE 5(1)
- IIORDERS REVOKED BY ARTICLE 5(3)
- Explanatory note