ARTICLE 6
This Supplementary Treaty shall form an integral part of the Extradition Treaty and shall apply:
(a) in relation to the United Kingdom: to Great Britain and Northern Ireland, the Channel Islands, the Isle of Man and the territories for whose international relations the United Kingdom is responsible which are listed in the Annex to this Supplementary Treaty;
(b) to the United States of America;
and references to the territory of a Contracting Party shall be construed accordingly.
ARTICLE 7
This Supplementary Treaty shall be subject to ratification and the instruments of ratification shall be exchanged at London as soon as possible. It shall enter into force upon the exchange of instruments of ratification. It shall be subject to termination in the same manner as the Extradition Treaty.
ANNEX
Anguilla; Bermuda; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Falkland Island Dependencies; Gibraltar; Hong Kong; Montserrat; Pitcairn, Henderson, Ducie and Oeno Islands; St. Helena; St. Helena Dependencies; The Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus; and Turks and Caicos Islands.
SCHEDULE 2
Article 3
APPLICABLE PROVISIONS OF SUPPRESSION OF TERRORISM ACT 1978
1. Subsections (1), (2) and (3)(a) and (d) of section 1 (cases in which certain offences are not to be regarded as of a political character) in so far as they relate to those offences listed in Schedule 1 to the Act of 1978 which are specified in paragraph 3 below.
2. Section 2(1) (which imposes restrictions on the return of a criminal in certain cases).
3. Section 7 (extension to Channel Islands, Isle of Man and other countries).
4. Section 8 (provisions as to interpretation and orders).
5. The following paragraphs of Schedule 1 (list of offences):-
1. (murder).
2. (manslaughter or culpable homicide).
4. (kidnapping, abduction or plagium).
5. (false imprisonment).
7. (wilful fire-raising).
8. (a) and (b) (malicious wounding and causing grievous bodily harm under the
Offences against the Person Act 1861(a)).
10, 11. (offences of abduction under the Offences against the Person Act 1861). 11A. (taking of hostages) (b).
12. (a), (b) and (c) (explosives offences under the Offences against the Person
Act 1861).
13. (offences under sections 2 and 3 of the Explosives Substances Act 1883 (c)). 14, 15. (firearms offences).
16, 17. (offences against property intending to endanger life or being reckless as
to danger to life).
18, 19. (offences in relation to aircraft).
20. (attempts to commit any of the above).
EXPLANATORY NOTE
(This Note is not part of the Order.)
This Order, which in accordance with Article 2 comes into operation on the date, to be notified in the London, Edinburgh and Belfast Gazettes, on which the Supplementary Treaty comes into force, applies certain provisions of the Suppression of Terrorism Act 1978 to the extradition of offenders to the United States of America in pursuance of the Supplementary Treaty between the Government of the United Kingdom and the United States of America, signed on 25th June 1985 and amended as recorded in an exchange of Notes between the said Governments of 19th and 20th August 1986. The terms of the Supple- mentary Treaty as so amended are set out in Schedule 1.
By virtue of paragraph 1 of Schedule 2, the offences listed in paragraph 5 are not to be regarded as offences of a political character (extradition for which is precluded by section 3 of the Extradition Act 1870 (c. 52)) in relation to a request for the extradition of a person to the United States of America made after the Order comes into operation, or for the purposes of a request from the United States for assistance in obtaining evidence for use in their criminal proceedings.
Paragraph 2 of Schedule 2 applies section 2(1) of the 1978 Act, which precludes surrender if the person sought proves that the requisition for his surrender was made with a view to try or punish him on account of his race, religion, nationality or political opinions or that he might, if surrendered, be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of any of those matters.
Paragraphs 3 and 4 provide for the extension of the Order to the Channel Islands, the Isle of Man and other countries and for supplementary matters.
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(a) 1861 c. 100.
(b) Inserted by the Taking of Hostages Act 1982 (c. 28), section 3(2).
(c) 1883 c. 3.
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