DOUBLE CRIMINALITY RULE) (CLAUS) 10)
51. The Scheme requires the facts on which a request is grounded to constitute an offence under the law of the country where the fugitive offender is found. Professor Shearer notes the problems which have arini from the drafting of Section 3 (1) of the 1967 Act as interpreted in Gardner tad proposes that Governments which have legislated on similag lines to Section 3 (1) should arend their legislation.
UK POSITION
52. The Double Criminality Rule as expressed in flection 3 (1) has been interpreted by the Courts rather differently from the corresponding provisions in the 1870 Act. The Working Party considered (paragraph 2.8) that it was too stringent a test to demand that an offence disclosed by the acts or omissions must be identical either in its description or in
constituent parts, to the offence named in the request.
LINE TO TAKE
53. The UK is aware of the difficulties which have arisen from the interpretation of Section 3 (1) in Gardner and recognises the advantagon of the double criminality provision in the 1870 Act. A proposal to amen Section (1) will be considered when there is a opportunity to amend the
1967 Act.
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