A.D. 1876.
16
Fugitive Offenders.
[99 VICT.]
r
23. The offence of false swearing in the case of a deposition shall Jurisdiction be deemed for all purposes of jurisdiction to be committed as well in the part of Her Majesty's dominions in which such deposition is used, as in the part in which the deposition was sworn, and the offender may be apprehended, tried, and punished accordingly.
for trial of offence of false swear- ing.
Power as to making and revocation of Orders in Council.
Application
24. It shall be lawful for Her Majesty in Council from time to time to make Orders for the purposes of this Act, and to revoke and vary any Order so made, and every Order so made shall while it is in force have the same effect as if it were enacted in this Act."
护
5
An Order in Council made for the purposes of this Act shall be 10 laid before Parliament within one month after it is made if Parlia- ment be then sitting, or if not, within one month after the then next session of Parliament.
25. This Act shall apply where an offence is committed before past offences, the passing of this Act, or, in the case of Part Two of this Act, 15
of Act to
Application
of Act to. and exe- cution of warrant in United Kingdom, Channe!
Iglands, and
Isle of Man.
Application
of Act to foreign
before the application of that part to a British possession or to the offence, in like manner as if such offence had been committed after such passing or application.
26. This Act shall extend to the Channel Islands and Isle of Man, as if they were part of the United Kingdom, and the United 20 Kingdom and those islands shall be deemed for the purposes of this Act to be one part of Her Majesty's dominions; and a warrant endorsed in pursuance of Part One of this Act may be executed in every place in the United Kingdom and the said islands accordingly.
25
25
27. It shall be lawful for Her Majesty from time to time by Order in Council to direct that this Act shall apply as if, subject to jurisdiction. the conditions, exceptions, and qualifications (if any) contained in the Order, any place out of Her Majesty's dominions, in which Her Majesty has jurisdiction, and which is named in the Order, 30 were a British possession, and to provide for carrying into effect such application,
Definition of
terms.
41
Secretary
of State :'
28. In this Act, unless the context otherwise requires,--
means one of Her Majesty's The expression "Secretary of State Principal Secretaries of State :
35
"British possession:"
The expression "British possession" means any colony, plantation, island, territory, or settlement within Her Majesty's dominions, and not within the United Kingdom, the Channel Islands, and-Isle of Man; and all colonies, plantations, islands, territories, and settlements under one legislature, as hereinafter defined, 40 are deemed to be one British possession, and one part of Her Majesty's dominions :
16
The general principle of our law is, that evidence cannot be taken against an accused person in his absence, and the court expressed grave doubts whether under 8. 24 of the Extradition Act, 1870, evidence for a foreign tribunal could be taken in England in the absence of the accused.
This clause is inserted to remove any doubt upon the question.
Note to clause 23.
This clause is inserted to meet the view of the Chief Justice of Western Australia,
and should be considered in connexion with clause 17.
The clause is not confined to depositions for the purpose of this Act.
4
Note to clause 26.
This clause follow the precedent of the Extradition Act in making the Channel Islands and Isle of Man virtually part of the United Kingdom. That Act, howefer, did not allow a metropolitan magistrate's warrant to run in the Channel Islands or Ísle of Man without being endorsed.
Under the Extradition Act the warrant of a metropolitan magistrate ran both in Scotland and Ireland, and there can therefore, I presume, be no objection to allow a warrant endorsed by a judge of the superior court to run there also, and also I presume in the Channel Islands and Isle of Man: I apprehend that the warrant of a Secretary of State can be executed in those islands without statutory authority.
Note to clause 27.
There seems at present (but see note to clause 4) no means of obtaining the return
to a consular court under the 'Foreign Jurisdiction Act of an offender who has filed from the jurisdiction of that court into the British dominions, while there is no power to try him in the British dominions for the offence.
This clause is inserted to enable him to be returned.
Note to clause 28.
The definition of "British possession" will include India but not the Channel Islands or Isle of Man. There may be a doubt whether the existing Act applies to India; it would seem not to have applied at the time at which it was passed. I do not know what statutory power there is in the case of an ordinary Indian criminal flying to England; civil servants guilty of extortion and other crimes can be prosecuted in England.
All territory under one central legislature, and consequently the whole of Canada, will be treated as one British possession for the purposes of the Act.
The Bill contains no provision with respect to colonial Acts which may have been passed with reference to the subject matter of the Bill. I suppose they will be virtually repealed by the Bill.
(559)
G
PUBLIC RECORD OFFICE
Reference :-
TILITICO. 885
4
PUBLIC RECORD OFFICE, LONDON
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