OpenLegislation

The Extradition (Torture) Order 1991

S.I. 1991/1702 · Made 24 July 1991

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 24th July 1991

Laid before Parliament 1st August 1991

Coming into force 22nd August 1991

At the Court at Buckingham Palace, the 24th day of July 1991

Present,

The Queen’s Most Excellent Majesty in Council

Whereas the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (hereinafter referred to as “the Convention”)f1 adopted by the General Assembly of the United Nations on 10th December 1984, the terms of which are set out in Schedule 1 to this Order, entered into force for the United Kingdom on 7th January 1989:

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 Schedule 3 to this Order are foreign States in respect of which the Convention is for the time being in force and with which extradition arrangements are in force in relation to extradition between those States and one or more of the Territories specified in Schedule 5 to this Order:

And whereas the States mentioned in Part I of Schedule 4 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 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 2 and 21 of the Extradition Act 1870 and sections 4(1), 22(3), 30(1) 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 is hereby ordered, as follows:–

Annotations to the whole text

Footnotes

f1

Cmnd. 9593.

f2

1870 c. 52; the Act was repealed by the Extradition Act 1989 with the savings mentioned in section 37 of that Act.

f3

1989 c. 33.

Contents

  1. 1Article 1
  2. 2Article 2
  3. 3Article 3
  4. 4Article 4
  5. 5Article 5
  6. 6Article 6
  7. Signature
  8. Schedule 1CONVENTION AGAINST TORTURE AND OTHER CRUEL INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT
  9. Part I
  11. 1Paragraph 1
  12. 2Paragraph 2
  14. 1Paragraph 1
  15. 2Paragraph 2
  16. 3Paragraph 3
  18. 1Paragraph 1
  19. 2Paragraph 2
  21. 1Paragraph 1
  22. 2Paragraph 2
  24. 1Paragraph 1
  25. 2Paragraph 2
  26. 3Paragraph 3
  28. 1Paragraph 1
  29. 2Paragraph 2
  30. 3Paragraph 3
  31. 4Paragraph 4
  33. 1Paragraph 1
  34. 2Paragraph 2
  35. 3Paragraph 3
  37. 1Paragraph 1
  38. 2Paragraph 2
  39. 3Paragraph 3
  40. 4Paragraph 4
  42. 1Paragraph 1
  43. 2Paragraph 2
  45. 1Paragraph 1
  46. 2Paragraph 2
  47. ARTICLE 11
  48. ARTICLE 12
  49. ARTICLE 13
  51. 1Paragraph 1
  52. 2Paragraph 2
  53. ARTICLE 15
  55. 1Paragraph 1
  56. 2Paragraph 2
  57. Part II
  59. 1Paragraph 1
  60. 2Paragraph 2
  61. 3Paragraph 3
  62. 4Paragraph 4
  63. 5Paragraph 5
  64. 6Paragraph 6
  65. 7Paragraph 7
  67. 1Paragraph 1
  68. 2Paragraph 2
  69. 3Paragraph 3
  70. 4Paragraph 4
  71. 5Paragraph 5
  73. 1Paragraph 1
  74. 2Paragraph 2
  75. 3Paragraph 3
  76. 4Paragraph 4
  78. 1Paragraph 1
  79. 2Paragraph 2
  80. 3Paragraph 3
  81. 4Paragraph 4
  82. 5Paragraph 5
  84. 1Paragraph 1
  85. 2Paragraph 2
  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. ARTICLE 23
  96. ARTICLE 24
  97. Part III
  99. 1Paragraph 1
  100. 2Paragraph 2
  101. ARTICLE 26
  103. 1Paragraph 1
  104. 2Paragraph 2
  106. 1Paragraph 1
  107. 2Paragraph 2
  109. 1Paragraph 1
  110. 2Paragraph 2
  111. 3Paragraph 3
  113. 1Paragraph 1
  114. 2Paragraph 2
  115. 3Paragraph 3
  117. 1Paragraph 1
  118. 2Paragraph 2
  119. 3Paragraph 3
  120. ARTICLE 32
  121. ARTICLE 33
  122. Schedule 2FOREIGN STATES WHICH ARE PARTIES TO THE CONVENTION AND FOR WHICH ORDERS UNDER THE EXTRADITION ACT 1870 ARE IN FORCE
  123. Schedule 3FOREIGN STATES WHICH ARE PARTIES TO THE CONVENTION AND WITH WHICH EXTRADITION TREATIES ARE IN FORCE IN RELATION TO EXTRADITION BETWEEN THOSE STATES AND ONE OR MORE OF THE TERRITORIES SPECIFIED IN SCHEDULE 5
  124. Schedule 4
  125. IFOREIGN STATES WHICH ARE PARTIES TO THE CONVENTION AND WITH WHICH NO EXTRADITION TREATIES ARE IN FORCE
  126. Part II: APPLICATION OF THE 1989 ACT IN THE CASE OF A STATE MENTIONED IN PART I
  127. 1Paragraph 1
  128. 2Paragraph 2
  129. 3Paragraph 3
  130. IIIPart III
  131. Schedule 5TERRITORIES TO WHICH THIS ORDER EXTENDS
  132. Explanatory note