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envisages that proceedings can be brought upon return for any other offences disclosed by the same facts, other than those in respect of which return could not have been lawfully ordered. Miss Brooks agreed that "other than one in respect of which his return could not have been lawfully ordered" should be added to the end of this paragraph.
In relation to item (c), Ms Rutherford said that the language was not consistent with the conditions under which the Secretary of State may consent to proceeding on additional charges. By virtue of section 6(6) of the Extradition Act, consent may not be given if it appears that an order for return could not lawfully have been made or would not in fact have been made. She felt it most important that the Secretary of State's unfettered and absolute discretion to order surrender should be preserved in this way. She would like to see an extra provision to this effect (see General Points). Miss Brooks said this would be covered in this Article by the fact that it says "may" here, not "shall".
19.
Article 15
In relation to item (d), Mrs Evans said this provision was not necessary for UK domestic law requirements. It could be argued that it would lessen the Secretary of State's discretion to refuse extradition on whatever grounds. She said if this provision remained there would be a need for an extra one on the lines of Section 12 of the 1989 Extradition Act regarding "a general discretion to refuse"
20. Article 16
No comments were made.
21. General Points
Ms Rutherford said the Home Office would want to make some provision for the territorial application of the treaty, vis-a-vis The Channel Islands, the Isle of Man and the UK Dependent Territories (subject to their agreement). Miss Brooks said she would draft one along the lines of that being considered for the MLAT.
Ms Rutherford would also want it made explicit that the Treaty applied to offences committed before 1997: retrospection is not a universal feature of extradition. Mrs Evans noted that the European Convention on Extradition states that old arrangements continue in existence until applications already under way when new ones come into force have been dealt with. This is a useful precedent for transitional cases. Miss Brooks summarised that we would want it made clear in the text that the treaty applies also to offences committed before 1
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