HC Deb 28 June 1988 vol 136 cc319-20

3A.—(1) Where—

  1. (a) no such arrangement as is mentioned in section 2 of the Extradition Act 1870 has been made with a State which is a party to the Convention mentioned in the title to this Act; and
  2. (b) general extradition arrangements have not been made with that State under Part I of the Criminal Justice Act 1988
Her Majesty may by Order in council direct that the provisions of the Criminal Justice Act 1988 specified in subsection (2) below shall apply as between the United Kingdom and that State, subject to the limitations, restrictions, exceptions and qualifications, if any, contained in the Order, as if the Convention constituted general extradition arrangements made with that State under Part I of that Act, but only in respect of the following offences—
  1. (i) an offence mentioned in section 3(2)(a) of (b) above;
  2. (ii) an attempt to commit such an offence;
  3. (iii) counselling, procuring, commanding, aiding or abetting such an offence;
  4. (iv) being accessory before or after the fact to such an offence; and
  5. (v) an offence under section 1(3) of this Act.

(2) The provisions of the Criminal Justice Act 1988 mentioned in subsection (1) above are—

  1. (a) section 1(1) to (8);
  2. (b) sections 3 to 10; and
  3. (c) sections 12 to 18.

(3) An Order in Council under this section may not provide that a court determining whether a person arrested for an offence mentioned in subsection (1) above shall not be under a duty to determine whether the evidence would be sufficient to warrant his trial if the offence had taken place within the jurisdiction of the court.

(4) For the purposes of the provisions of that Act specified in subsection (2) above, in their application by virtue of an Order in Council under this section as between the United Kingdom and any other State, any act or omission, wherever it takes place, which is

  1. (a) an offence mentioned in subsection (1) above; and
  2. (b) an offence against the law of that State,
shall be deemed to be an offence committed within the territory of that State."

49B. The following subsections shall be substituted for section 4(1) of that Act— (1) Sections 17 and 22 of the Extradition Act 1870 shall extend to section 3 above. (1A) Sections 19, (Application of general extradition arrangements to colonies) and (Special extradition arrangements—colonies) of the Criminal Justice Act 1988 shall extend to section 3A above.".'.

No. 243, in page 152, line 25, at end insert— '71A. The following subsection shall be inserted after section 45(3)— (3A) The power of the Court of Appeal to grant leave to appeal under section [Crown Court proceedings—orders restricting or preventing reports or restricting public access] of the Criminal Justice Act 1988 may be exercised by a single judge in the same manner as it may be exercised by the Court.".'.

No. 43, in line 35, at end insert—