HC Deb 04 December 1972 vol 847 c303W
Mr. Stratton Mills

asked the Secretary of State for Foreign and Commonwealth Affairs what study the Foreign and Commonwealth Office has made of international practice and of internationally accepted definitions concerning the term, political offence, in relation to extradition proceedings.

Mr. Kershaw

So far as I am aware there is no single internationally accepted definition of the term political offence in relation to extradition proceedings. It is for the requested party to decide in accordance with its own laws and practice and the terms of the relevant treaty whether an offence is political. In this country under the Extradition Act 1870 a fugitive criminal will not be surrendered if he satisfies the courts or the Secretary of State that the offence for which he is sought is one of a political character.

In international practice the crime of genocide is almost universally held not to be a political offence. The crime of an attempt on or the taking of the life of the Head of State or his family is also held by some states to be ineligible to qualify as a political offence.