1982 Ed.] Extradition (Internationally Protected
Persons/
[App. III
DW 9
4.
Without prejudice to sections 3, 9 and 11 of the Act of 1870, the fugitive criminal shall not be surrendered if—
(a) it appears to the Secretary of State, to the magistrate hearing the case in pursuance of section 9 of that Act or to the High Court on an application for a writ of habeas corpus-
(i) that the request for his surrender (though purporting to be made on account of such an offence as is mentioned in paragraph 1 above) is in fact made for the purpose of prosecuting or punishing him on account of his race, religion, nationality or political opinions, or
(ii) that he might, if surrendered, be prejudiced at his trial or punished. detained or restricted in his personal liberty by reason of his race, religion, nationality or political opinions, or
(iii) that if charged in England or Wales with the offence of which he is accused he would be entitled to be discharged under any rule of law relating to previous acquittal or conviction; or
(b) it appears to the Secretary of State or to the High Court on an application
for a writ of habeas corpus that-
5.
(i) by reason of the passage of time since the fugitive criminal is alleged to have committed the offence of which he is accused or to have become unlawfully at large, or
(ii) because the accusation against him is not made in good faith in the interests of justice, it would, having regard to all the circumstances, be unjust or oppressive to surrender him.
(1) Without prejudice to his so deciding on other grounds, the Secretary of State may, in the circumstances mentioned in the following sub-paragraph, decide not to make an order or issue a warrant-
(a) for the purposes of paragraph 3 above signifying his consent to an
application for a provisional warrant of arrest. or
(b) under section 7 of the Act of 1870 requiring the issue of a warrant of arrest,
or
(c) under section 11 of the Act of 1870 ordering the fugitive criminal to be
surrendered.
(2) The circumstances referred to in the preceding sub-paragraph are- (a) that the Secretary of State is not satisfied that provision is made by the law of the State requesting surrender under which a person accused or convicted in the United Kingdom of the like offence as that with which the fugitive criminal is accused or convicted might be surrendered to the United Kingdom if found in that State, or
(b) that under the law of the State requesting surrender the fugitive criminal is
liable to the death penalty for the offence of which he is accused, or
(c) that the fugitive criminal is a citizen of the United Kingdom and Colonies.
PART III
FORM OF CONSENT OF SECRETARY OF STATE TO APPLICATION FOR A PROVISIONAL WARRANT OF ARREST
Whereas AB, a person recognized by the Secretary of State as a diplomatic representative of
has requested consent to application being made for the issue of a provisional warrant for the arrest of CD. late of who is [accused] [convicted] of the commission of an offence, or attempt to commit an offence, within the jurisdiction of the said State. being an offence which, if committed in England, would be an offence under the Internationally Protected Persons Act 1978.
Now I hereby, by this my Order under my hand and seal, signify to you my consent to the said application being made.
Given under the hand and seal of the undersigned, one of Her Majesty's
Principal Secretaries of State this
day of
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