Professor Shearer's draft clause § (1) (b) would appear to require a requested state not to take account of whether the requesting State is a party to an International Convention which excludes political character or political motivation from an extraditable offence.
LINE TO TAKE
50. The United Kingdom has traditionally prefered to leave these matters for determination by the Courts and the Secretary of State in the light of all factors of the individual case rather than to provide a general legislative basis for deeming an offence not to be an offence of a politic character. We recognise that we have been part of international developments in recent years to deal with the problems caused by international terrorism and are a party to the ECST which provides that for the purposes of extradition between contracting States certain offence
To extend the Commonwealth shall not be regarded as political offences.
a framework for Scheme on the lines proposed would be to extend it from
If extradition into the separate area of the fight against terrorism. there is a problem of the movement of terrorists within certain parts of the Commonwealth we would regard it as a matter for separate discussion or for bilateral agreement between the parts of the Commonwealth most
concerned.
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