RETURNABLE OFFENCES (CLAUSE 2)
13.
Under the Scheme a fugitive will only be returned for a returnable offence. These are described in Annex 1 to the Scheme and punishable in the requesting country by imprisonment for 12 months or by a greater penalty.
14.
Professor Shearer has suggested that two categories of offences chould be added to the Annex. First offences established under international conventions
states are to which both the requesting and the requested parties and secondly offences which are returnable under the laws of both the requesting and requested parties.
He gives three reasons for the second proposal: first the practice
of some countries to use the 'no-list' formula which identifies extradition
offences by severity of punishment; secondly the fact that countries have added offences to their lists and thirdly the support he has received for the
Scheme to cover fiscal offences.
UK POSITION
15. The relevant offences are scheduled to the 1967 Act and although the list in 1967 followed that in the Scheme it has been the practice to add new offences particularly when an extradition obligation has been provided for in an international convention, eg genocide and hijacking.
16.
Neither of Professor Shearer's proposals would therefore be objectionable, although since the Scheme is not a Convention/Treaty, they are not necessary. The second proposal would give the Scheme a 'catch-all' provision similar to / provision which it is usual to include in bi-lateral extradition treaties
with foreign States.
the
17. The Working Party considered in its examination of the definition of
extraditable offences (paras 3.3-9 of the Report) the relative merits of the
list and eliminative or 'no-list' methods of defining extraditable offences.
It recommended that in new extradition legislation extraditable offences should be defined as those which attract a maximum penalty of at least 12 months' imprisonment (or a more severe penalty) under the laws of both the requesting and requested States.
18. Of greater concern, however, is Professor Shearers' reference (paras 15- 17) to fiscal offences. Although he does not propose any specific reference
in the list of offences we must expect this issue to be raised by delegations.
The matter was examined in some depth by the Working Party (paras 3.10-20 of
the Report) which recommended that offences in connection with taxes, duties
5
No comments yet.
Private notes are available after approval.