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Annex C: Extradition with Territories outside the European Union 

 

As it is usually possible to make an extradition request to all but a handful of countries Annex C is provided for reference purposes should prosecutors wish to confirm the status of a given territory.

  • C(i) shows category 2 territories
  • C(ii) refers to 'Parties to International Conventions'; i.e. additional territories to which the Extradition Act applies pursuant to orders made by the Secretary of State.

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C(i): List of Category 2 Territories

Territories are designated as Category 2 territories both for the purposes of Part 2 of the Extradition Act, i.e. export extradition from the United Kingdom, and Part 3, i.e. import extradition to the United Kingdom.

Albania, Algeria, Andorra, Antigua and Barbuda, Argentina, Armenia, Australia, Azerbaijan, The Bahamas, Bangladesh, Barbados, Belize, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei, Canada, Chile, Colombia, Cook Islands, Cuba, Dominica, Ecuador, El Salvador, Fiji, The Gambia, Georgia, Ghana, Grenada, Guatemala, Guyana, Hong Kong Special Administrative Region, Haiti, Iceland, India, Iraq, Israel, Jamaica, Kenya, Kiribati, Lesotho, Liberia, Libya, Liechtenstein, Macedonia, FYR Malawi  Malaysia, Maldives, Mauritius, Mexico, Moldova, Monaco, Montenegro, Nauru, New Zealand, Nicaragua, Nigeria, Norway, Panama, Papua New Guinea, Paraguay, Peru, The Republic of Korea, Russian Federation, Saint Christopher and Nevis, Saint Lucia, Saint Vincent and the Grenadines, San Marino, Serbia, Seychelles, Sierra Leone, Singapore, Solomon Islands, South Africa, Sri Lanka, Swaziland, Switzerland, Tanzania, Thailand, Tonga, Trinidad and Tobago, Turkey, Tuvalu, Uganda, Ukraine, Uruguay, USA, Vanuatu, Western Samoa, Zambia, Zimbabwe   

Special Extradition Arrangements

Additionally, s. 194 of the 2003 Act allows the Secretary of State to certify that:  

(a)    arrangements have been made between the United Kingdom and another territory for the outgoing extradition of a person to the territory, and

(b)   the territory is not a category 1 territory or a category 2 territory.

If the Secretary of State issues such a certificate (which is conclusive evidence of the facts contained within it) Part 2 of the 2003 Act applies in respect of the person's extradition to the territory as if the territory were a category 2 territory.   This power is the basis on which the Home Secretary can enter into special extradition arrangements to give effect to ad hoc extradition requests from countries and territories which are not otherwise designated as category 2 territories.

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C(ii): The Extradition Act 2003 (Parties to International Conventions) Order 2005, S.I. 46/2005

Section 193 Extradition Act refers to 'Parties to International Conventions' and to territories that are not designated as either Category 1 or 2 territories (i.e. those not listed at Annex B(i) or Annex C(ii) above).  Section 193 provides that if a territory is designated by order of the Secretary of State then the Extradition Act applies to that territory as if it were a category 2 territory. The Secretary of State may only designate a territory in this way if it is a party to an international convention to which the United Kingdom is also a party. The relevant designation order is SI 2005 No.46, the Extradition Act 2003 (Parties to International Conventions) Order 2005.

Link to SI 2005 No.46 and Explanatory Memorandum -

http://www.legislation.gov.uk/uksi/2005/46/contents/made

A state will only be designated as a category 2 territory in this way in relation to certain conduct only, i.e. the conduct to which the relevant international convention applies. The applicable conventions are usually specific to a certain type of offending; for example -

  • Convention for the Suppression of Unlawful Seizure of Aircraft signed at the Hague on 16th December 1970 ("the Hague Convention") - aviation related offences
  • United Nations United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances which was signed in Vienna on 20th December 1988 ("the Vienna Convention") - trafficking of drugs offences
  • United Nations Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment adopted by the United Nations General Assembly on 10th December 1984 ("the Torture Convention") - torture offences
  • The relevance for requests for import extradition to the United Kingdom is that if a non category 1 or 2 territory is listed in SI 2005 No.46, then an import extradition request can be made, via the Special Crime and Counter Terrorism Divisions Extradition Unit, for conduct that falls within the scope of the relevant applicable convention.

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