66

An Act to explain and amend an Act, intituled "An Act for 36 Gec. III, naturalizing such foreign merchants, traders, artificers, artizans, c. 48. manufacturers, workmen, seamen, farmers and others as shall “settle in this Kingdom.”

EXTENT OF REPEAL.

So far as it makes perpetual the

PART III.

Acts partially repealed.

An Act for reviving, continuing and amending 4 Geo. I, c. C(Act of Irish Act of 2 Anne several statutes made in this Kingdom heretofore Parliament.)

c. 14.

The whole of sect. 47.

temporary.

50.

An Act for consolidating and amending the laws Geo. IV, c relative to jurors and juries.

The whole of An Act consolidating and amending the laws 3 and 4 Wills relating to juries and jurors in Ireland.

sect. 37.

IV, c. 91.

DIEU

33 and 34 VICTORIA,

CHAP, LII.

A. D. 1870. An Act for amending the Law relating to the Extradition of Criminals.

Short title.

Where arrangement for

surrender of made, Order in Council to

criminals

apply Act,

[9th August, 1870.]

WHEREAS it is expedient to amend the law relating to the

surrender to foreign States of persons accused or convicted of the commission of certain crimes within the jurisdiction of such States, and to the trial of criminals surrendered by foreign States to this country:

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

PRELIMINARY.

1. This Act may be cited as "The Extradition Act, 1870."

2. Where an arrangement has been made with any foreign State with respect to the surrender to such State of any fugitive criminals, Her Majesty may, by Order in Council, direct that this Act shall apply in the case of such foreign State.

Her Majesty may, by the same or any subsequent order, limit the operation of the order, and restrict the same to fugitive criminals who are in or suspected of being in the part of Her Majesty's dominions specified in the order, and render the operation thereof subject to such conditions, exceptions and qualifications as may be deemed expedient.

Extradition.

Every such order shall recite or embody the terms of the arrangement, and shall not remain in force for any longer period than the arrangement.

Every such order shall be laid before both Houses of Parliament within six weeks after it is made, or, if Parliament be not then sitting, within six weeks after the then next meeting of Parliament, and shall also be published in the London Gazette.

3. The following restrictions shall be observed with respect to the Restrictions surrender of fugitive criminals:

(1.) A fugitive criminal shall not be surrendered if the offence in respect of which his surrender is demanded is one of a political character, or if he prove to the satisfaction of the Police Magistrate or the Court before whom he is brought on habeas corpus, or to the Secretary of State, that the requisition for his surrender has in fact been made with a view to try or punish him for an offence of a political character:

(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:

(1) A fugitive criminal shall not be surrendered until the expiration of fifteen days from the date of his being committed to prison to await his surrender.

on surrender of criminals.

4. An Order in Council for applying this Act in the case of any Provisions of foreign State shall not be made unless the arrangement –

(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.

arrangements for surrender.

Publication

and effect of order.

Liability of criminal to surrender.

Order of Secre

tary of State

for issue of Warrant in

dom if crime

Extradition.

5. When an order applying this Act in the case of any foreign State 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 what

ever.

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 this 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 before or after the date of the order, and whether there is or is not any concurrent jurisdiction in any court of Her Majesty's dominions over that crime.

7. A requisition for the surrender of a fugitive criminal of any foreign state, who is in or suspected of being in the United Kingdom, shall be made to a Secretary of State by some person recognised by United King- the Secretary of State as a diplomatic representative of that foreign state. A Secretary of State may, by order under his political char- hand and seal signify to a police magistrate that such requisition has been made and require him to issue his warrant for the apprehension of the fugitive criminal.

is not of a

acter.

Issue of War

If the Secretary of State is of opinion that the offence is one of a political character, he may, if he think fit, refuse to send any such order, and may also at any time, order a fugitive criminal accused or convicted of such offence to be discharged from custody.

8. A warrant for the apprehension of a fugitive criminal, rant by Police whether accused or convicted of crime, who is in or suspected of Magistrate, being in the United Kingdom, may be issued-

Justice, &c.

(1.) by a Police Magistrate on the receipt of the said order of the Secretary of State, and on such evidence as would in his opinion justify the issue cf the warrant if the crime had been committed or the criminal convicted in England; and

(2.) by a Police Magistrate or any Justice of the Peace in any part of the United Kingdom, on such information or com

Extradition.

plaint and such evidence, or after such proces lings as would
in the opinion of the person issuing the warrant justify the
issue of a warrant if the crime had been committed or the
criminal convicted in that part of the United Kingdom in
which he exercises jurisdiction.

Any person issuing a warrant under this section without an order from a Secretary of State shall forthwith send a report of the fact of such issue, together with the evidence and information or complaint or certified copies thereof to a Secretary of State, who may if he think fit, order the warrant to be cancelled and the person who has been apprehended on the warrant to be discharged.

A fugitive criminal, when apprehended on a warrent issued without the order of a Secretary of State, shall be brought before some person having power to issue a warrant under this section who shall, by warrant order him to be brought, and the prisoner shall accordingly be brought before a Police Magistrate.

A fugitive criminal apprehended on a warrant issued without the order of a Secretary of State shall be discharged by the Police Magistrate, unless the Police Magistrate, within such reasonable time as, with reference to the circumstances of the case, he may fix, receives from the Secretary of State an order signifying that a requisition has been made for the surrender of such criminal.

9. When a fugitive criminal is brought before the Police Hearing of Magistrate, the Police Magistrate shall hear the case in the same case and evidence of polit manner, and have the same jurisdiction and powers, as near as ical character may be, as if the prisoner were brought before him charged with of crime. n indictable offence committed in England.

The Police Magistrate shall receive any evidence which may be tendered to show that the crime of which the prisoner is accused or alleged to have been convicted is an offence of a political character or is not an extradition crime.

10. In the case of a fugitive criminal accussed of an extradi- Committal or tion crime, if the foreign warrant authorizing the arrest of such discharge of prisoner. criminal is duly authenticated, ard such evidence is produced as (subject to the provisions of this Act) would, according to the Law of England, justify the committal for trial of the prisoner if the crime of which he is accused had been committed in England, the Police Magistrate shall commit him to prison, but otherwise shall order him to be discharged.

In the case of a fugitive criminal alleged to have been con