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The Extradition Act 2003 (Overseas Territories) Order 2016

S.I. 2016/990 · Made 12 October 2016

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Extradition

Made 12th October 2016

Laid before Parliament 19th October 2016

Coming into force 10th November 2016

At the Court at Buckingham Palace, the 12th day of October 2016

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by sections 177, 178 and 224(2) of the Extradition Act 2003f1, section 1(2) of the Anguilla Act 1980f2, the British Settlements Acts 1887 and 1945f3, section 2(1)(b) of the Cyprus Act 1960f4, section 112 of the Saint Helena Act 1833f5, sections 5 and 7 of the West Indies Act 1962f6, and in exercise of all the other powers vested in Her, is pleased, by and with the advice of Her Privy Council, to order, and it is ordered, as follows:

Annotations to the whole text

Footnotes

f1

2003 c.41 as amended by the Constitutional Reform Act 2005 (c.4), section 40(4) and Schedule 9, paragraph 81, the Police and Justice Act 2006 (c.48), section 42 and Schedule 13, paragraphs 1-3, 5, 8, 13-19, 25-26, the Policing and Crime Act 2009 (c.26), sections 70, 71, 73-76, 78, the Crime and Courts Act 2013 (c.22), section 50 and Schedule 20, paragraphs 4-6, 10-13, 15, the Anti-Social Behaviour, Crime and Policing Act 2014 (c.12), sections 160-164, 167, 169 and the Extradition Act 2003 (Amendment to Designations and Appeals) Order 2015 (S.I. 2015/992), article 3(10)-(15). There are other amendments, but none relevant to this Order.

f2

1980 c.67. There are amendments, but none relevant to this Order.

f3

1887 c.54 and 1945 c.7. There are amendments, but none relevant to this Order.

f4

1960 c.52. There are amendments, but none relevant to this Order.

f5

1833 c.85.

f6

1962 c.19. There are amendments, but none relevant to this Order.

Contents

  1. 1Citation, commencement and extent
  2. 2Interpretation
  3. 3Extension of provisions of Extradition Act 2003 to Territories
  4. 4Exercise of powers by Governor
  5. 5The British Antarctic Territory, Pitcairn and South Georgia and the South Sandwich Islands (“small Territories”)
  6. 6Sovereign Base Areas
  7. 7Modifications relating to summary trials on information
  8. 8Revocations
  9. 9Transitional provision and savings
  10. Signature
  11. Schedule 1British overseas territories
  12. Schedule 2Extradition territories
  13. Schedule 3Provisions applying in the Territories
  14. Schedule 4: Modifications to provisions of the Act where extradition request involves multiple offences
  15. 1General modification
  16. 2Arrest warrant following extradition request
  17. 3Provisional warrant
  18. 4Initial stages of extradition hearing
  19. 5Bars to extradition
  20. 6Case where person has not been convicted
  21. 7Case where person has been convicted
  22. 8Conviction in person’s absence
  23. 9Human rights
  24. 10Case sent to Governor
  25. 11Governor’s consideration of case
  26. 12Death penalty
  27. 13Speciality
  28. 14Information
  29. 15Appeal where case sent to Governor
  30. 16Court’s powers on appeal under section 103
  31. 17Appeal against discharge at extradition hearing
  32. 18Court’s powers on appeal under section 105
  33. 19Detention pending conclusion of appeal under section 105
  34. 20Appeal against extradition order
  35. 21Court’s powers on appeal under section 108
  36. 22Appeal against discharge by Governor
  37. 23Court’s powers on appeal under section 110
  38. 24Detention pending conclusion of appeal under section 110
  39. 25Appeal to Judicial Committee
  40. 26Powers of Judicial Committee on appeal under section 114
  41. 27Extradition where no appeal
  42. 28Extradition following appeal
  43. 29Withdrawal of request before end of extradition hearing
  44. 30Withdrawal of request after case sent to Governor
  45. 31Withdrawal of request while appeal to Supreme Court pending
  46. 32Withdrawal of request while appeal to Judicial Committee pending
  47. 33Consent to extradition: general
  48. 34Consent to extradition before case sent to Governor
  49. 35National security
  50. Schedule 5: Revocations
  51. 1Part 1
  52. 2Part 2
  53. Explanatory note