Section 24 Suppression of terrorism.C1

United Kingdom

(1)

For the purposes mentioned in subsection (2) below—

C2(a)

no offence to which section 1 of the M1Suppression of Terrorism Act 1978 applies shall be regarded as an offence of a political character; and

(b)

no proceedings in respect of an offence to which that section applies shall be regarded as a criminal matter of a political character or as criminal proceedings of a political character.

(2)

Those purposes are the purposes—

(a)

of a request for the return of a person in accordance with extradition procedures under Part III of this Act made by a country to which this subsection applies; and

(b)

of a requisition under Schedule 1 to this Act which is made by such a country.

(3)

Subsection (2) above applies—

(a)

to a country for the time being designated in an order made by the Secretary of State as a party to the European Convention on the Suppression of Terrorism signed at Strasbourg on 27th January 1977 F1, other than a country that is a party to the 1996 Convention; and

(b)

to a country in relation to which the Secretary of State has made an order under section 5 of the Suppression of Terrorism Act 1978 applying that subsection.

(4)

In relation to a requisition under Schedule 1 to this Act which is made by a country to which subsection (2) above applies that Schedule shall have effect as if at the end of paragraph 1(2)(b) there were added

“or
(c)
he proves to the satisfaction of the F2District Judge (Magistrates’ Courts) or the court before whom he is brought on habeas corpus, or to the Secretary of State—
(i)
that the requisition for his surrender has in fact been made with a view to try or punish him on account of his race, religion, nationality or political opinions; or
(ii)
that he might, if surrendered, be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality or political opinions.”.

F3(5)

Subsections (1) and (2) above shall have effect in relation to an offence to which section 22(4)(m) or (n) above applies as they have effect in relation to an offence to which section 1 of the Suppression of Terrorism Act 1978 applies.

(6)

For that purpose subsection (2) applies to a country which is a party to—

(a)

the Convention for the Suppression of Terrorist Bombings mentioned in section 22(2)(m) above, or

(b)

the Convention for the Suppression of the Financing of Terrorism mentioned in section 22(2)(n) above.

Annotations

Textual amendments

F1: Words in s. 24(3)(a) inserted (the amendment coming into force in accordance with reg. 1(1) of the amending S.I.) by The European Union Extradition Regulations 2002 (S.I. 2002/419), reg. 2, Sch. 9 para. 2
F2: Words in s. 24(4) substituted (31.8.2000) by 1999 c. 22, s. 78, Sch. 11 para. 35 (with s. 107, Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3
F3: S. 24(5)(6) inserted (19.2.2001) by 2000 c. 11, s. 64(4); S.I. 2001/421, art. 2

Marginal citations

M1: 1978 c. 26.

Modifications

C1: S. 24 extended (16.8.2002) (with modifications) by The Extradition (Overseas Territories) Order 2002 (S.I. 2002/1823), art. 2, Schs. 1-4 (as amended (16.8.2002) by S.I. 2002/1825, art. 2, Sch. 2)
C2: S. 24(1)(a),(2)(a) applied (15.11.1993) by S.I. 1993/2533, art. 2; London Gazette No. 53484, Friday 12th November 1993

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)