{
  "url": "https://openlegislation.uk/fugitive-offenders-anguilla-order-1987/schedule/paragraph-4",
  "json_url": "https://openlegislation.uk/fugitive-offenders-anguilla-order-1987/schedule/paragraph-4.json",
  "legislation": "uksi/1987/452",
  "legislation_title": "The Fugitive Offenders (Anguilla) Order 1987",
  "legislation_url": "https://openlegislation.uk/fugitive-offenders-anguilla-order-1987",
  "path": "schedule/paragraph/4",
  "kind": "paragraph",
  "number": "4",
  "heading": "General restrictions on return.",
  "text": "(1) A person shall not be returned under this Act to a designated Commonwealth country or the Republic of Ireland, or committed to or kept in custody for the purposes of such return, if it appears to the Governor, to the court of committal or to the High Court on an application for habeas corpus—\n(a) that the offence of which that person is accused or was convicted is an offence of a political character;\n(b) that the request for his return (although purporting to be made on account of a relevant offence) is in fact made for the purpose of prosecuting or punishing him on account of his race, religion, nationality or political opinions;\nor\n(c) that he might, if returned, be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality or political opinions.\n(2) A person accused of an offence shall not be returned under this Act to any country, or committed to or kept in custody for the purposes of such return, if it appears as aforesaid that if charged with that offence in Anguilla he would be entitled to be discharged under any rule of law relating to previous acquittal or conviction.\n(3) A person shall not be returned under this Act to any country, or committed to or kept in custody for the purposes of such return, unless provision is made by the law of that country, or by an arrangement made with that country, for securing that he will not, unless he has first been restored or had an opportunity of returning to Anguilla, be dealt with in that country for or in respect of any offence committed before his return under this Act other than—\n(a) the offence in respect of which his return under this Act is requested;\n(b) any lesser offence proved by the facts proved before the court of committal; or\n(c) any other offence being a relevant offence in respect of which the Governor may consent to his being so dealt with.\n(4) Any such arrangement as is mentioned in subsection (3) of this section may be an arrangement made for the particular case or an arrangement of a more general nature; and for the purposes of that subsection a certificate issued by or under the authority of the Governor confirming the existence of an arrangement with any country and stating its terms shall be conclusive evidence of the matters contained in the certificate.\n(5) The reference in this section to an offence of a political character does not include an offence against the life or person of the Head of the Commonwealth or any related offence described in section 3(3) of this Act.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1987/452/schedule/paragraph/4",
    "retrieved_at": "2026-10-29T16:29:34.887920+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}