122
Act of 1870.
Provisions of
THE EXTRADITION ACTS.
(2) A fugitive criminal shall not be surrendered to a foreign State unless provision is made by the law of that State, or by arrangement, that the fugitive criminal shall not, until he has been restored or had an opportunity of returning to Her Majesty's Dominions, be detained or tried in that foreign State for any offence committed prior to his surrender other than the extradition crime proved by the facts on which the surrender is grounded;
(3) A fugitive criminal who has been accused of some offence within English jurisdiction not being the offence for which his surrender is asked, or is undergoing sentence under any conviction in the United Kingdom, shall not be surrendered until after he has been discharged, whether by acquittal or on expiration of his sentence or otherwise;
(4) A fugitive criminal shall not be surrendered until the expiration of 15 days from the date of his being committed to prison to await his surrender.
4. An Order in Council for applying this Act in the case of any arrangement foreign State shall not be made unless the arrangement—
for surrender.
Publication
Order.
(1) provides for the determination of it by either party to it after the expiration of a notice not exceeding one year; and
(2) is in conformity with the provisions of this Act, and in particular with the restrictions on the surrender of fugitive criminals contained in this Act.
5. When an order applying this Act in the case of any foreign State and effect of has been published in the London Gazette, this Act (after the date specified in the Order, or if no date is specified, after the date of the publication), shall so long as the Order remains in force but subject to the limitations, restrictions, conditions, exceptions and qualifications, if any, contained in the Order, apply in the case of such foreign State. An Order in Council shall be conclusive evidence that the arrangement therein referred to complies with the requisitions of this Act, and that this Act applies in the case of the foreign State mentioned in the Order, and the validity of such Order shall not be questioned in any legal proceedings whatever.
Liability of criminal to surrender.
*
6. Where this Act applies in the case of any foreign State, every fugitive criminal of that State who is in or suspected of being in any part of Her Majesty's Dominions, or that part which is specified in the Order applying the Act (as the case may be) shall be liable to be apprehended and surrendered in manner provided by this Act, whether the crime in respect of which the surrender is sought was committed *This section was explained to include crimes committed before the passing of the principal Act by 36 & 37 Vict. c. 60 s. 2,
122
Act of 1870.
Provisions of
THE EXTRADITION ACTS.
(2) A fugitive criminal shall not be surrendered to a foreign State unless provision is made by the law of that State, or by arrangement, that the fugitive criminal shall not, until he has been restored or had an opportunity of returning to Her Majesty's Dominions, be detained or tried in that foreign State for any offence committed prior to his sur- render other than the extradition crime proved by the facts on which the surrender is grounded;
(3) A fugitive criminal who has been accused of some offence within English jurisdiction not being the offence for which his surrender is asked, or is undergoing sentence under any conviction in the United Kingdom, shall not be surrendered until after he has been discharged, whether by acquittal or on expiration of his sentence or otherwise;
(4) A fugitive criminal shall not be surrendered until the expiration of 15 days from the date of his being committed to prison to await his surrender.
4. An Order in Council for applying this Act in the case of any arrangement foreign State shall not be made unless the arrangement-
for surrender.
Publication
Order.
(1) provides for the determination of it by either party to it after the expiration of a notice not exceeding one year; and
(2) is in conformity with the provisions of this Act, and in particular with the restrictions on the surrender of fugitive criminals contained in this Act.
5. When an order applying this Act in the case of any foreign State and effect of has been published in the London Gazette, this Act (after the date specified in the Order, or if no date is specified, after the date of the publication), shall so long as the Order remains in force but subject to the limitations, restrictions, conditions, exceptions and qualifications, if any, contained in the Order, apply in the case of such foreign State. An Order in Council shall be conclusive evidence that the arrangement therein referred to complies with the requisitions of this Act, and that this Act applies in the case of the foreign State mentioned in the Order, and the validity of such Order shall not be questioned in any legal proceedings whatever.
Liability of criminal to surrender.
*
6. Where this Act applies in the case of any foreign State, every fugitive criminal of that State who is in or suspected of being in any part of Her Majesty's Dominions, or that part which is specified in the Order applying the Act (as the case may be) shall be liable to be apprehended and surrendered in manner provided by this Act, whether the crime in respect of which the surrender is sought was committed *This section was explained to include crimes committed before the passing of the
principal Act by 36 & 37 Vict. c. 60 s. 2,
No comments yet.
Private notes are available after approval.