SCOPE OF THE SCHEME (CLAUSE 1)
7.
Clause 1 provides for the Scheme to govern the return of a person from one part of the Commonwealth to another. Return may only be refused if it
is precluded by law or by the competent executive authority, in circumstances
mentioned in the Scheme.
8.
Professor Shearer notes (paras 5-10) that in practice many member
have
countries
selectively and incompletely designated other member countries. He does not consider that the Scheme should be amended to provide an obligatic
to extradite and to apply universally throughout the Commonwealth, since
individual legislative implementation and application are unavoidable. He
recommends that urgent consideration be given at administrative level in each
member country to the desirability of applying the Scheme without pre-conditi
as to bilateral assurances of reciprocity.
UK POSITION
9.
Section 1 of the Fugitive Offenders Act provides for the return of a
fugitive to a designated Commonwealth country and section 2(1) provides for
designation by Order in Council of any country within the Commonwealth. No
conditions, eg of reciprocity, are laid down in the Act and it has been the
practice, as noted by Professor Shearer, to designate all Commonwealth
countries as and when they become independent. This does not mean that we
do not examine the basis for surrender from a country to be designated
but it is not an essential pre-requisite of designation.
10.
Under section 2(3) the Act may have effect subject to exceptions,
adaptations and modifications. This was inserted in case it should be necessary to ensure reciprocity in the arrangements for return where another country has not yet implemented or feels unable to implement all the details of the Scheme or to enable other departures to be made. No order has been
made under this provision.
11.
We have experienced difficulties with other Commonwealth countries
either because they have not yet implemented the Scheme and are still
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