Paragraph 4
United Kingdom
A requisition for the surrender of a fugitive criminal of any foreign state, who is in or suspected of being in the United Kingdom, shall be made to the Secretary of State by some person recognised by the Secretary of State as a diplomatic or consular representative of that foreign state.
The Secretary of State may by order signify to a F1the Senior District Judge (Chief Magistrate) or another District Judge (Magistrates’ Courts) designated by him that such a requisition has been made, and require him to issue his warrant for the apprehension of the fugitive criminal.
If the Secretary of State is of opinion that the offence is one of a political character, he may, if he thinks fit, refuse to send any such order as is mentioned in sub-paragraph (2) above, and may also at any time order a fugitive criminal accused or convicted of such offence to be discharged from custody.
Annotations
Textual amendments
- F1
Words in Sch. 1 para. 4(2) substituted (31.8.2000) by 1999 c. 22, s. 78, Sch. 11 para. 36(1)(3) (with s. 107, Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3
Notes on the whole Act
Textual amendments
- F1
Act repealed (1.1.2004) by Extradition Act 2003 (c. 41), ss. 218(b), 220, 221, Sch. 4; S.I. 2003/3103, art. 2 (with savings in arts. 3-5 (as amended by S.I. 2003/3258 and S.I. 2003/3312)); Act amended (as so saved) by Courts Act 2003 (c. 39), Sch. 8 paras. 324-330; S.I. 2004/2066, art. 2(c)(xiv) (with art. 3); S.I. 2005/910, art. 3(y); Act further amended by Constitutional Reform Act 2005 (c. 4), Sch. 9 para. 52, Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)
Notes on Schedule 1
Modifications
- C1
Sch. 1 amended (1.9.2001) by 2001 c. 17, s. 71 (with ss. 56(2), 63(2), 78); S.I. 2001/2161, art. 2
- C2
Sch. 1 (paras. 1-20) applied by S.I. 1991/1699, art. 2.
Sch. 1 (paras. 1-20) applied by S.I. 1991/1701, art. 2.
Sch. 1 (paras. 1-20) applied by S.I. 1991/1702, arts. 2 and 3.
- C3
Sch. 1 (paras. 1-20) applied by S.I. 1991/1720, art. 2.
- C4
Sch. 1 applied (with modifications) (27.1.1993) by S.I. 1992/3200, arts. 2,3
Sch. 1 applied (1.9.1997) by S.I. 1997/1760, art. 2(1)(b)(2)(b)
Sch. 1 applied (1.9.1997) by S.I. 1997/1762, art. 2(2)
Sch. 1 applied (1.9.1997) by S.I. 1997/1763, art. 2(2)
Sch. 1 applied (1.9.1997) by S.I. 1997/1764, art. 2(2)
Sch. 1 applied (1.9.1997) by S.I. 1997/1765, art. 2(2)
Sch. 1 applied (1.9.1997) by S.I. 1997/1766, art. 2(1)(b)(2)(b)
Sch. 1 applied (1.9.1997) by S.I. 1997/1767, art. 2(2)
Sch. 1 applied (1.9.1997) by S.I. 1997/1768, art. 2(2)
Sch. 1 applied (1.9.1997) by S.I. 1997/1769, art. 2(2)
Sch. 1 applied (27.8.2002) by S.I. 2002/1831, art. 2, Sch. 2