(8)

(4) For the purposes of the provisions of the Criminal Justice Act 1988 specified in subsection (2) above, in their application by virtue of an Order in Council under this section as between the United Kingdom and any other State any act or omission, wherever it takes place, which falls within section 9(4) of this Act shall be deemed to be an offence committed within the territory of that State.".

74F. The following subsections shall be substituted for section 39(1) of that Act-

“(1) Sections 17 and 22 of the Extradition Act 1870 shall extend to section 9 above.

(1A) Sections 19, (Application of general extradition arrangements to Colonies) and (Special extradition arrangements-Colonies) of the Criminal Justice Act 1988 shall extend to section 9A above and to section 9 above as amended by the Criminal Justice Act 1988.".

Page 153, line 23 [Schedule 14], at end insert-

'Nuclear Material (Offences) Act 1983 (c.18)

79.-(1) The following section shall be inserted after section 5 of the Nuclear Material (Offences) Act 1983 (extradition)–

"Extradition under Part I of the Criminal

Justice Act 1988.

5A. (1) Where--

(a) no such arrangement as is mentioned in section 2 of the Extradition Act 1870 has been made with a State which is a party to the Convention; and

(b) general extradition arrangements have not been made with that State under Part I of the Criminal Justice Act 1988,

Her Majesty may by Order in Council direct that the provisions of the Criminal Justice Act 1988 specified in subsection (2) below shall apply as between the United Kingdom and that State, subject to the limitations, restrictions, exceptions and qualifications, if any, contained in the Order, as if the Con- vention constituted general extradition arrangements made with that State under Part I of the Criminal Justice Act 1988, but only in respect of the following offences-

(i) an offence mentioned in paragraph (a), (b), (c) or (d) of subsection (1) of section 1 of this Act which is committed by doing an act in relation to or by means of nuclear material;

(ii) an offence under section 2 of this Act;

(iii) an attempt to commit an offence mentioned in paragraph (i) or (ii) above;

(iv) counselling, procuring, commanding, aiding or abetting such an offence; and

(v) being accessory before or after the fact to such an offence.

(2) The provisions of the Criminal Justice Act 1986 mentioned in subsection (1) above are-

18May88.j038

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