TNAG-1006-FCO40-1256-Extradition-and-the-Dependent-Territories-1981 — Page 4

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EXTRADITION ACT 1870, S. 18

Fugitive Criminals in British Possessions

261

17. Proceedings as to fugitive criminals in British possessions This Act, when applied by Order in Council, shall, unless it is otherwise pro- vided by such order, extend to every British possession in the same manner as if throughout this Act the British possession were substituted for the United Kingdom or England, as the case may require, but with the following modifica- tions: namely,

(1) The requisition for the surrender of a fugitive criminal who is in or suspected of being in a British possession may be made to the governor of that British possession by any person recognised by that governor as a consul general, consul, or vice-consul, or (if the fugitive criminal. has escaped from a colony or dependency of the foreign state on behalf of which the requisition is made) as the governor of such colony or dependency: (2) No warrant of a Secretary of State shall be required, and all powers vested in or acts authorized or required to be done under this Act by the police magistrate and the Secretary of State, or either of them, in relation to the surrender of a fugitive criminal, may be done by the governor of the British possession alone:

(3) Any prison in the British possession may be substituted for a prison in

Middlesex:

(4) A judge of any court exercising in the British possession the like powers as the Court of Queen's Bench exercises in England may exercise the power of discharging a criminal when not conveyed within two months out of such British possession.

NOTES

General Note. The operation of this section is not affected by the Counterfeit Currency Convention) Act 1935; see s. 6 (5) of that Act, Vol. 8, p. 317.

United Kingdom. See the note to s. 3, ante.

England. See the note to 2. 8, ante.

Prison in Middlesex. See s. 10, ante, and the first note and the note "Place of committal" thereto.

Application. This section and s. 22, post, apply to the Tokyo Convention Act 1967. s. 2 (1) as if that subsection were included in this Act; see s. 2 (2) of the Act of 1967, Vol. 2, p. 703. By the Genocide Act 1969, s. 3, Vol. 40, title Criminal Law, this section and s, 22, post, extend to the provisions of that Act amending this Act, .e., s. 2 thereof.

Definitions. For "fugitive criminal", "British possession”, “governor" and "police magistrate", see s. 20, pust.

Consul or vice-consul includes any person recognised by the Governor of a British possession as a consular officer of a foreign state (Extradition Act 1873, s. 7, p. 272, post).

18. Saving of laws of British possessions

If by any law or ordinance, made before or after the passing of this Act by the Legislature of any British possession, provision is made for carrying into effect. within such possession the surrender of fugitive criminals who are in or sus- pected of being in such British possession, Her Majesty may, by the Order in Council applying this Act in the case of any foreign state, or by any subsequent Order, either

suspend the operation within any such British possession of this Act, or of any part thereof, so far as it relates to such foreign state, and so long as such law or ordinance continues in force there, and no longer;

or direct that such law or ordinance, or any part thereof, shall have effect in such British possession, with or without modifications and alterations, as if it were part of this Act.

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