{
  "url": "https://openlegislation.uk/fugitive-offenders-anguilla-order-1987/schedule/paragraph-9",
  "json_url": "https://openlegislation.uk/fugitive-offenders-anguilla-order-1987/schedule/paragraph-9.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/9",
  "kind": "paragraph",
  "number": "9",
  "heading": "Order for return to requesting country.",
  "text": "(1) Where a person is committed to await his return and is not discharged by order of the High Court, the Governor may by warrant order him to be returned to the country by which the request for his return was made unless the return of that person is prohibited, or prohibited for the time being, by section 4 of this Act or this section, or the Governor decides under this section to make no such order in his case.\n(2) An order shall not be made under this section in the case of a person who is serving a sentence of imprisonment or detention, or is charged with an offence, in Anguilla—\n(a) in the case of a person serving such a sentence, until the sentence has been served;\n(b) in the case of a person charged with an offence, until the charge is disposed of or withdrawn and, if it results in a sentence of imprisonment (not being a suspended sentence), until the sentence has been served.\n(3) The Governor shall not make an order under this section in the case of any person if it appears to the Governor, on the grounds mentioned in section 8(3) of this Act, that it would be unjust or oppressive to return that person, and may decide to make no order under this section in the case of a person accused or convicted of an offence in the United Kingdom or a United Kingdom dependency if he considers, on any such grounds as are mentioned in paragraphs (a) to (c) of section 4(1) of this Act, that the order ought not to be made.\n(4) The Governor may decide to make no order under this section in the case of a person accused or convicted of a relevant offence not punishable with death in Anguilla if that person could be or has been sentenced to death for that offence in the country by which the request for his return is made.\n(5) The Governor may decide to make no order under this section for the return of a person committed in consequence of a request made on behalf of any country if another request for his return under this Act, or a requisition for his surrender under the Extradition Act 1870, has been made on behalf of another country and it appears to the Governor, having regard to all the circumstances of the case and in particular—\n(a) the relative seriousness of the offences in question;\n(b) the date on which each such request or requisition was made; and\n(c) the nationality or citizenship of the person concerned and his ordinary residence,\nreference should be given to the other request or requisition.\n(6) Notice of the issue of a warrant under this section shall forthwith be given to the person to be returned thereunder.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1870 c. 52."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1987/452/schedule/paragraph/9",
    "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."
}