Order so made, and every Order so made shall while it is in force have the same effect as if it were enacted in this Act. An Order in Council made for the purposes of this Act shall be laid before Parliament as soon as may be after it is made if Parliament is then in session, or if not, as soon as may be after the commencement of the then next session of Parliament. 32. If the legislature of a British possession pass any Act or ordi nance (1.) For defining the offences committed in that possession to which this Act or any part thereof is to apply; or (2.) For determining the court, judge, magistrate, officer, or person by whom and the manner in which any jurisdiction or power under this Act is to be exercised; or (3.) For payment of the costs incurred in returning a fugitive or a prisoner, or in sending him back if not prosecuted or if acquitted, or otherwise in the execution of this Act; or (4.) In any manner for the carrying of this Act or any part thereof into effect in that possession, it shall he lawful for Her Majesty by Order in Council to direct, if it seems to Her Majesty in Council necessary or proper for carrying into effect the objects of this Act, that such Act or ordinance, or any part thereof, shall with or without modification or alteration be recognised and given effect to throughout Her Majesty's dominions and on the high seas as if it were part of this Act. Application of Act. 33. Where a person accused of an offence can, by reason of the nature of the offence, or of the place in which it was committed, or otherwise, be, under this Act or otherwise, tried for or in respect of the offence in more than one part of Her Majesty's dominions, a warrant for the apprehension of such person may be issued in any part of Her Majesty's dominions in which he can, if he happens to be there, be tried; and each part of this Act shall apply as if the offence had been committed in the part of Her Majesty's dominions where such warrant is issued, and such person may be apprehended and returned in pursuance of this Act, notwithstanding that in the place in which he is apprehended a court has jurisdiction to try him: Provided that if such person is apprehended in the United Kingdom a Secretary of State, and if he is apprehended in a British possession, the governor of such possession, may, if satisfied that, having regard to the place where the witnesses for the prosecution and for the defence are to be found, and to all the circumstances of the case, it would be conducive to the interests of justice so to do, order such person to be tried in the part of Her Majesty's dominions in which he is apprehended, and in such case any warrant previously issued for his return shall not be executed. Orders in Power of legislature of British possession to pass laws for carry ing into effect this Act. Application of at sea or of Her Majesty's dominions. convicts. 34. Where a person convicted by a court in any part of Her Majesty's Application dominions of an offence committed either in Her Majesty's dominions or of Act to elsewhere, is unlawfully at large before the expiration of his sentence, each part of this Act shall apply to such person, so far as is consistent with the tenor thereof, in like manner as it applies to a person accused of the like offence committed in the part of Her Majesty's dominions in which such person was convicted. 35. Where a person accused of an offence is in custody in some part of Application Her Majesty's dominions, and the offence is one for or in respect of which, of Act to by reason of the nature thereof or of the place in which it was com- removal of person triable in more than one part of dominious. mitted or otherwise, a person may under this Act or otherwise be tried in some other part of Her Majesty's dominions, in such case a superior court, and also if such person is in the United Kingdom a Secretary of State, and Her Majesty's if he is in a British possession the governor of that possession, if satisfied that, having regard to the place where the witnesses for the prosecution and for the defence are to be found, and to all the circumstances of the case, it would be conducive to the interests of justice so to do, may by warrant direct the removal of such offender to some other part of Her Majesty's dominions in which he can be tried, and the offender may be returned, and, if not prosecuted or acquitted, sent back free of cost in like manner as if he were a fugitive returned in pursuance of Part One of this Act, and the warrant were a warrant for the return of such fugitive, and the provisions of this Act shall apply accordingly. Application of Act to foreign jurisdiction. 36. It shall be lawful for Her Majesty from time to time by Order in Council to direct that this Act shall apply as if, subject to the conditions, exceptions, and qualifications (if any) contained in the Order, any place out of Her Majesty's dominions in which Her Majesty has jurisdiction, and which is named in the Order, were a British possession, and to provide for carrying into effect such application. 37. This Act shall extend to the Channel Islands and Isle of Man as if they were part of England and of the United Kingdom, and the United Kingdom and those islands shall be deemed for the purpose of this Act to be one part of Her Majesty's dominions; and a warrant endorsed in pursuance of Part One of this Act may be executed in every place in the United Kingdom and the said islands accordingly. 38. This Act shall apply where an offence is committed before the commencement of this Act, or, in the case of Part Two of this Act, before the application of that part to a British possession or to the offence, in like manner as if such offence had been committed after such commencement or application. Definitions and Repeal. 39. In this Act, unless the context otherwise requires, The expression "Secretary of State” means one of Her Majesty's Prin- The expression "British possession" means any part of Her Majesty's 66 The expression "constable means, out of England, any policeman or officer having the like powers and duties as a constable in England: The expression "magistrate" means, except in Scotland, any justice of the peace, and in Scotland means a sheriff or sheriff-substitute, and in the Channel Islands, Isle of Man, and a British possession means any person having authority to issue a warrant for the apprehension of persons accused of offences and to commit such persons for trial: The expression "offence punishable on indictment " means, as regards India, an offence punishable on a charge or otherwise: The expression "oath" includes affirmation or declaration in the case of persons allowed by law to affirm or declare instead of swearing, and the expression "swear" and other words relating to an oath or swearing shall be construed accordingly : "Oath :" The expression "deposition" includes any affidavit, affirmation, or "Deposition:" statement made upon oath as above defined: The expression "superior court" means: "Superior (1.) In England, Her Majesty's Court of Appeal and High Court of court:" Justice; and (2.) In Scotland, the High Court of Justiciary; and (3.) In Ireland, Her Majesty's Court of Appeal and Her Majesty's High Court of Justice at Dublin; and (4.) In a British possession, any court having in that possession the like criminal jurisdiction to that which is vested in the High Court of Justice in England, or such court or judge as may be determined by any Act or ordinance of that possession. 40. This Act shall come into operation on the first day of January one thousand eight hundred and eighty-two, which date is in this Act referred to as the commencement of this Act. 41. The Act specified in the Schedule to this Act (b) is hereby repealed as from the commencement of this Act: Provided that this repeal shall not affect (a.) Any warrant duly endorsed or issued, nor anything duly done or suffered before the commencement of this Act; nor (b.) Any obligation or liability incurred under an enactment hereby repealed; nor (c.) Any penalty, forfeiture, or punishment incurred in respect of any offence committed against any enactment hereby repealed; nor (d.) Any legal proceeding or remedy in respect of any such warrant, obligation, liability, penalty, forfeiture, or punishment as aforesaid; and any such warrant may be endorsed and executed, and any such legal proceeding and remedy may be carried on, as if this Act had not passed. (b) 6 & 7 Vict. c. 34: "An Act for the Better Apprehension of certain Offenders." Commencement of Act. Repeal of Act in Schedule. MEMORANDUM AS TO PROCEDURE IN EXTRADITION CASES AND CASES UNDER THE FUGITIVE OFFENDERS ACT, 1881. Issued by the Home Office, 31st March, 1890. EXTRADITION AND FUGITIVE OFFENDERS. MEMORANDUM. I. The return of fugitive criminals escaping from the United Kingdom may be obtained (a) from foreign countries with which there are extradition treaties. (b) from British possessions. (c) from foreign countries in which the Queen has jurisdiction, and to which the Fugitive Offenders Act has been applied by Order in Council as if they were British possessions. The surrender of fugitives taking refuge in the United Kingdom is granted reciprocally in each of these cases. The procedure is governed in the first case by the Extradition Acts, 1870 and 1873 (33 & 34 Vict. c. 52; 36 & 37 Vict. c. 60), and by the terms of the Extradition Treaty in force with each country: In case (b) by the Fugitive Öffenders Act, 1881 (44 & 45 Vict. c. 69): In case (c) by the Fugitive Offenders Act, 1881, and the Orders in Council applying it. In this case only British subjects and persons subject to the Queen's jurisdiction in the foreign country in question can be dealt with. There have been a few cases in which a foreign country with which Great Britain has no extradition treaty has surrendered a criminal as an act of international comity: but there can be no reciprocal surrender of criminals by Her Majesty's Government in the absence of an extradition treaty. Where a fugitive criminal charged with a serious crime has escaped to a country with which there is no treaty, Her Majesty's Government will generally be prepared to inquire whether his surrender can be granted, if they are satisfied that the indemnity and evidence required in extradition cases (para. IV.) will be furuished, and that, in the event of his surrender, it is intended to proceed with the prosecution. Extradition. Fugitives from the United Kingdom. Cases in which Extradition can be applied for. II. When a person charged with crime in the United Kingdom is believed to have fled to a foreign country, the questions to be considered before an application for extradition is made, are (1.) Whether the country to which he has fled is one with which there is an extradition treaty. A list of the extradition treaties now in force (31st March, 1890) is given in Appendix A. (2.) Whether the crime with which he is charged is an extradition offence, and one included in the particular treaty. A list of the extradition offences, showing the treaties in which each is included, is given in Appendix C. (3.) Whether the offender is a subject or citizen of the country to which he has fled. Most extradition treaties provide that neither of the contracting parties may surrender its own subjects. The Treaties with the United States, coutaining no reference to nationality, extend to the subjects of each country equally with other fugitive criminals. The Treaties with Austria, Belgium (as amended by declaration), Russia, Mexico, and Colombia allow each Government the option of surrendering at discretion its owu subjects. The Treaties with Spain, Switzerland, and Luxemburg exclude the surrender of their own subjects by the Governments of Spain, Switzerland, and Luxemburg, but stipulate for the surrender of British subjects by Her Majesty's Government. In the Treaty with Ecuador, there is no express exclusion from extradition of the subjects or citizens of either contracting party, though it contains a provision to the effect that naturalization is not to be a bar to extradition. In all the other treaties the surrender of subjects by either party is expressly excluded. Application for Extradition addressed to Secretary of State. III. The application for the surrender of a fugitive criminal from a foreign country must be addressed by the prosecutor or the police to the Secretary of State for the Home Department, who will communicate, through the Foreign Office and the proper diplomatic channels, with the authorities of the place where the fugitive is supposed to be. The chief officers of English police forces may communicate direct with the police of foreign countries for the purpose of giving or obtaining information, but under no circumstances should direct application be made to foreign police for the arrest of a fugitive. Serious difficulties have arisen in cases where this direction has been overlooked. Where the apprehension of the fugitive is a matter of urgency, the Secretary of State will apply by telegram for his provisional arrest in anticipation of the formal demand for surrender. Particulars and Documents to accompany application. IV. The application to the Secretary of State should be made by letter, stating briefly the facts of the case, and giving in detail the information as to the fugitive's supposed whereabouts and the means of tracing and identifying him. It must be accompanied by— (a.) The warrant of arrest or a certified copy of it. (b.) The other documents to be used in support of the demand for extradition. (See para. V.) (c.) A description of the accused sufficient for purposes of identification, with, if possible, a photograph. (It is usually advisable that the description should form part of the formal evidence.) (d.) An indemnity for expenses (see para. VIII.). 'The letter should also state whether it is desired that the provisional arrest of the fugitive should be asked for by telegram. Home Office |