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The Extradition (Drug Trafficking) Order 1997

S.I. 1997/1762 · Made 22 July 1997

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EXTRADITION

Made 22nd July 1997

Laid before Parliament 1st August 1997

Coming into force 1st September 1997

At the Court at Buckingham Palace, the 22nd day of July 1997

Present,

The Queen’s Most Excellent Majesty in Council

Whereas the Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (referred to in this Order as “the Convention” and set out in Schedule 1 to this Order) opened for signature at Vienna from 20th December 1988 until 28th February 1989 and subsequently at the United Nations Headquarters, New York until 20th December 1989f1 entered into force for the United Kingdom on 26th September 1991:

And whereas the States mentioned in Schedule 2 to this Order are foreign States in respect of which the Convention is for the time being in force and in relation to which Orders in Council under section 2 of the Extradition Act 1870f2 are in force:

And whereas the States mentioned in Part 1 of Schedule 3 to this Order are foreign States in respect of which the Convention is for the time being in force but with which no general extradition arrangements have been made:

And whereas section 22(3) of the Extradition Act 1989f3 provides that where general extradition arrangements have not been made with a State which is a Party to the Convention, and no Order in Council under section 2 of the Extradition Act 1870 is in force in relation to that State, an Order in Council applying the 1989 Act may be made under section 4 of that Act in respect of the offences set out in Article 3, paragraph 1 of the Convention, as if the Convention constituted general extradition arrangements between the United Kingdom and the foreign State, or any foreign State, party to the Convention:

Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by sections 4 (1), 22(3) and 37(3) of the Extradition Act 1989 or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it it hereby ordered, as follows:—

Annotations to the whole text

Footnotes

f1

Cmd. 804.

f2

1870 c. 52. The Act was repealed by the Extradition Act 1989 with the savings set out in section 37 of that Act. For the purpose of those savings the Act has to be read with section 22(1) of the Criminal Justice (International Co-operation) Act 1990 (c. 5).

f3

1989 c. 33; section 22 was amended by section 22 of the Criminal Justice (International Co-operation) Act 1990, by paragraphs 23 and 24 of Schedule 1 to the Drug Trafficking Act 1994, and by section 1 of the Criminal Justice (Scotland) Act 1987. The latter provision has been repealed and re-enacted in the Proceeds of Crime (Scotland) Act 1995 (c. 43).

Contents

  1. 1Article 1
  2. 2Article 2
  3. 3Article 3
  4. 4Article 4
  5. 5Article 5
  6. Signature
  7. Schedule 1CONVENTION AGAINST ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES
  8. Article 1
  9. Scope of the Convention
  10. 1Paragraph 1
  11. 2Paragraph 2
  12. 3Paragraph 3
  13. Offences and Sanctions
  14. 1Paragraph 1
  15. 2Paragraph 2
  16. 3Paragraph 3
  17. 4Paragraph 4
  18. 5Paragraph 5
  19. 6Paragraph 6
  20. 7Paragraph 7
  21. 8Paragraph 8
  22. 9Paragraph 9
  23. 10Paragraph 10
  24. 11Paragraph 11
  25. Jurisdiction
  26. 1Paragraph 1
  27. 2Paragraph 2
  28. 3Paragraph 3
  29. Confiscation
  30. 1Paragraph 1
  31. 2Paragraph 2
  32. 3Paragraph 3
  33. 4Paragraph 4
  34. 5Paragraph 5
  35. 6Paragraph 6
  36. 7Paragraph 7
  37. 8Paragraph 8
  38. 9Paragraph 9
  39. Extradition
  40. 1Paragraph 1
  41. 2Paragraph 2
  42. 3Paragraph 3
  43. 4Paragraph 4
  44. 5Paragraph 5
  45. 6Paragraph 6
  46. 7Paragraph 7
  47. 8Paragraph 8
  48. 9Paragraph 9
  49. 10Paragraph 10
  50. 11Paragraph 11
  51. 12Paragraph 12
  52. Mutual Legal Assistance
  53. 1Paragraph 1
  54. 2Paragraph 2
  55. 3Paragraph 3
  56. 4Paragraph 4
  57. 5Paragraph 5
  58. 6Paragraph 6
  59. 7Paragraph 7
  60. 8Paragraph 8
  61. 9Paragraph 9
  62. 10Paragraph 10
  63. 11Paragraph 11
  64. 12Paragraph 12
  65. 13Paragraph 13
  66. 14Paragraph 14
  67. 15Paragraph 15
  68. 16Paragraph 16
  69. 17Paragraph 17
  70. 18Paragraph 18
  71. 19Paragraph 19
  72. 20Paragraph 20
  73. Article 8Transfer of Proceedings
  74. Other Forms of Co-operation and Training
  75. 1Paragraph 1
  76. 2Paragraph 2
  77. 3Paragraph 3
  78. International Co-operation and Assistance for Transit States
  79. 1Paragraph 1
  80. 2Paragraph 2
  81. 3Paragraph 3
  82. Controlled Delivery
  83. 1Paragraph 1
  84. 2Paragraph 2
  85. 3Paragraph 3
  86. Substances frequently used in the illicit Manufactureof Narcotic Drugs or Psychotropic Substances
  87. 1Paragraph 1
  88. 2Paragraph 2
  89. 3Paragraph 3
  90. 4Paragraph 4
  91. 5Paragraph 5
  92. 6Paragraph 6
  93. 7Paragraph 7
  94. 8Paragraph 8
  95. 9Paragraph 9
  96. 10Paragraph 10
  97. 11Paragraph 11
  98. 12Paragraph 12
  99. 13Paragraph 13
  100. 14Paragraph 14
  101. Article 13Materials and Equipment
  102. Measures to Eradicate Illicit Cultivation of Narcotic Plants and to Eliminate Illicit Demand for Narcotic Drugs andPsychotropic Substances
  103. 1Paragraph 1
  104. 2Paragraph 2
  105. 3Paragraph 3
  106. 4Paragraph 4
  107. 5Paragraph 5
  108. Commercial Carriers
  109. 1Paragraph 1
  110. 2Paragraph 2
  111. 3Paragraph 3
  112. Commercial Documents and Labelling of Exports
  113. 1Paragraph 1
  114. 2Paragraph 2
  115. Illicit Traffic by Sea
  116. 1Paragraph 1
  117. 2Paragraph 2
  118. 3Paragraph 3
  119. 4Paragraph 4
  120. 5Paragraph 5
  121. 6Paragraph 6
  122. 7Paragraph 7
  123. 8Paragraph 8
  124. 9Paragraph 9
  125. 10Paragraph 10
  126. 11Paragraph 11
  127. Free Trade Zones and Free Ports
  128. 1Paragraph 1
  129. 2Paragraph 2
  130. The Use of the Mails
  131. 1Paragraph 1
  132. 2Paragraph 2
  133. Information to be Furnished by the Parties
  134. 1Paragraph 1
  135. 2Paragraph 2
  136. Article 21Functions of the Commission
  137. Functions of the Board
  138. 1Paragraph 1
  139. 2Paragraph 2
  140. 3Paragraph 3
  141. 4Paragraph 4
  142. 5Paragraph 5
  143. 6Paragraph 6
  144. 7Paragraph 7
  145. Reports of the Board
  146. 1Paragraph 1
  147. 2Paragraph 2
  148. Article 24Application of Stricter Measures than those required by this Convention
  149. Article 25Non-Derogation from Earlier Treaty Rights and Obligations
  150. Article 26Signature
  151. Ratification, Acceptance, Approval or Act of Formal Confirmation
  152. 1Paragraph 1
  153. 2Paragraph 2
  154. Accession
  155. 1Paragraph 1
  156. 2Paragraph 2
  157. Entry into Force
  158. 1Paragraph 1
  159. 2Paragraph 2
  160. 3Paragraph 3
  161. Denunciation
  162. 1Paragraph 1
  163. 2Paragraph 2
  164. Amendments
  165. 1Paragraph 1
  166. 2Paragraph 2
  167. Settlement of Disputes
  168. 1Paragraph 1
  169. 2Paragraph 2
  170. 3Paragraph 3
  171. 4Paragraph 4
  172. 5Paragraph 5
  173. Article 33Authentic texts
  174. Article 34Depositary
  175. ANNEXPart ANNEX
  176. Schedule 2STATES WHICH ARE PARTIES TO THE CONVENTION AND IN RELATION TO WHICH ORDERS IN COUNCIL UNDER SECTION 2 OF THE EXTRADITION ACT 1870 ARE IN FORCE
  177. Schedule 3
  178. ISTATES WHICH ARE PARTIES TO THE CONVENTION AND WITH WHICH NO EXTRADITION TREATIES ARE IN FORCE
  179. Part II: APPLICATION OF THE 1989 ACT IN THE CASE OF A STATE MENTIONED IN PART I
  180. 1Paragraph 1
  181. 2Paragraph 2
  182. IIIPart III
  183. Schedule 4TERRITORIES TO WHICH THIS ORDER EXTENDS
  184. Explanatory note