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The European Convention on Extradition Order 2001

S.I. 2001/962 · Made 14 March 2001

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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

CM. 1762.

f2

1989 c. 33.

Contents

  1. 1Citation
  2. 2Application of Part III of 1989 Act
  3. 3Application of Part III of 1989 Act
  4. 4Extent
  5. 5Revocation and savings
  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 2RESERVATIONS AND NOTIFICATION BY THE UNITED KINGDOM
  102. NOTIFICATION
  103. Schedule 3
  104. ICONVENTION STATES
  105. IIPart II
  106. Schedule 4: RESERVATIONS AND DECLARATIONS MADE BY CONVENTION STATES
  107. Part 1: ALBANIA
  108. Reservations and Declarations
  109. Part 2: ANDORRA
  110. Declarations
  111. Reservations
  112. Part 3: AUSTRIA
  113. Declarations
  114. Reservations
  115. 4BELGIUM
  116. Reservations
  117. Notification
  118. Part 5: BULGARIA
  119. Reservations
  120. Declarations
  121. Part 6: CROATIA
  122. Declarations and Reservations
  123. Part 7: CYPRUS
  124. Declarations
  125. 8CZECH REPUBLIC
  126. Part 9: DENMARK
  127. Reservations
  128. Declarations
  129. Notification
  130. Part 10: ESTONIA
  131. Declarations
  132. 1Article 6
  133. 2Article 6
  134. 3Article 23
  135. Part 11: FINLAND
  136. Declaration
  137. Reservations
  138. Notification
  139. Part 12: FRANCE
  140. Reservations and Declarations
  141. Part 13: GERMANY
  142. Reservations and Declarations
  143. Part 14: GREECE
  144. Declarations and Reservations
  145. Part 15: HUNGARY
  146. Reservations and Declarations
  147. Part 16: ICELAND
  148. Reservations
  149. Declarations
  150. Notification
  151. Part 17: REPUBLIC OF IRELAND
  152. Declarations
  153. Reservation
  154. Notification
  155. Part 18: ISRAEL
  156. Declarations
  157. Reservations
  158. Part 19: ITALY
  159. Declaration and Reservation
  160. Part 20: LATVIA
  161. Declaration
  162. Part 21: LIECHTENSTEIN
  163. Declarations and Reservations
  164. Part 22: LITHUANIA
  165. Reservations
  166. Declarations
  167. Part 23: LUXEMBOURG
  168. Reservations
  169. Declarations
  170. Notification
  171. Part 24: MACEDONIA, FORMER YUGOSLAV REPUBLIC OF
  172. Declaration
  173. Reservations
  174. Part 25: MALTA
  175. Reservations
  176. Part 26: MOLDOVA
  177. Reservations and Declarations
  178. 1Article 9
  179. 2Article 9
  180. Part 27: NETHERLANDS
  181. Declarations and Reservations
  182. Notification
  183. Part 28: NORWAY
  184. Declarations and Reservations
  185. Notification
  186. Part 29: POLAND
  187. Reservation and Declaration
  188. Part 30: PORTUGAL
  189. Declaration and Reservations
  190. Part 31: ROMANIA
  191. Declarations
  192. Reservation
  193. Part 32: RUSSIAN FEDERATION
  194. Declarations
  195. Reservations
  196. Part 33: SLOVAKIA
  197. Declarations
  198. Part 34: SPAIN
  199. Reservations
  200. Declarations
  201. Part 35: SWEDEN
  202. Declarations
  203. Reservations
  204. Part 36: SWITZERLAND
  205. Declarations and Reservations
  206. Part 37: TURKEY
  207. Declaration
  208. Reservation
  209. Part 38: UKRAINE
  210. Reservations and Declarations
  211. Schedule 5
  212. IORDERS REVOKED BY ARTICLE 5(1)
  213. IIORDERS REVOKED BY ARTICLE 5(3)
  214. Explanatory note