Section 25 Hostage-taking.C1
United Kingdom
A person shall not be returned under this Act to a designated Commonwealth country which is party to the Convention referred to in subsection (3) below, or committed or kept in custody for the purposes of such return, if it appears to the appropriate authority—
that he might, if returned, be prejudiced at his trial by reason of the impossibility of effecting communications between him and the appropriate authorities of the state entitled to exercise rights of protection in relation to him; and
that the act or omission constituting the offence of which he has been accused or convicted also constituted an offence under section 1 of the M1Taking of Hostages Act 1982 or an attempt to commit such an offence.
Where the Secretary of State certifies that a country is a party to the Convention, the certificate shall, in any proceedings under this Act, be conclusive evidence of that fact.
The Convention mentioned in subsections (1) and (2) above is the International Convention against the Taking of Hostages opened for signature at New York on 18th December 1979.
Annotations
Marginal citations
- M1
Modifications
- C1
S. 25 extended (British Antarctic Territory) (with modifications) (6.7.1992) by S.I. 1992/1300, art. 2,Sch.
S. 25 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)
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Act repealed (1.1.2004) by Extradition Act 2003 (c. 41), ss. 218(b), 220, 221, Sch. 4; S.I. 2003/3103, art. 2 (with savings in arts. 3-5 (as amended by S.I. 2003/3258 and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)