페이지 이미지
PDF
ePub

Extradition.

(2.) If the depositions or statements or the copies thereof

purport to be certified, under the hand of a Judge,
Magistrate, or Officer of the foreign State where the
same were taken, to be the original depositions or state-
ments or to be true copies thereof as the case may re-
quire; and

(3.) If the certificate of or judicial document stating the

fact of conviction purports to be certified by a Judge,
Magistrate, or Officer of the foreign State where the
conviction took place; and

If in every case the warrants, depositions, statements, copies, certificates, and judicial documents (as the case may be), are authenticated by the oath of some witness or by being sealed with the official seal of the Minister of Justice, or some other Minister of State. And all Courts of Justice, Justices, and Magistrates shall take judicial notice of such official seal, and shall admit the documents so authenticated by it to be received in evidence without further proof.

CRIMES COMMITTED AT SEA.

16. Where the crime in respect of which the surrender of Jurisdiction a fugitive criminal is sought was committed on board any committed A+ vessel on the high seas which comes into any port of the sea. United Kingdom, the following provisions shall have effect:1. This Act shall be construed as if any Stipendiary

Magistrate in England or Ireland, and any Sheriff or
Sheriff substitute in Scotland, were substituted for the
Police Magistrate throughout this Act, except the part
relating to the execution of the warrant of the Police
Magistrate;

2. The criminal may be committed to any prison to which

the person committing him has power to commit per-
sons accused of the like crime;

3. If the fugitive criminal is apprehended on a warrant

issued without the order of a Secretary of State, he shall be brought before the Stipendiary Magistrate, Sheriff, or Sheriff substitute who issued the warrant, or who has jurisdiction in the port where the vessel lies, or in the place nearest to that port,

FUGITIVE

Extradition.

FUGITIVE CRIMINALS IN BRITISH POSSESSIONS.

Proceedings as to fugitive criminals in British Pos. sessions.

17. This Act, when applied by Order in Council, shall, unless it is otherwise provided by such Order, extend to every British possession in the same manner as if throughout this Act the British possession were substituted for the United Kingdom or England, as the case may require, but with the following modifications, namely

(1.) The requisition for the surrender of a fugitive criminal

who is in or suspected of being in a British possession may be made to the Governor of that British possession by any person recognized by that Governor as a Consul General, Consul or Vice-Consul, or, if the fugitive criminal has escaped from a colony or dependency of the foreign State on behalf of which the requisition is made, as the Governor of such colony or dependency;

(2.) No warrant of a Secretary of State shall be required,

and all powers vested in or Acts authorized or required to be done under this Act by the Police Magistrate and the Secretary of State, or either of them, in relation to the surrender of a fugitive criminal, may be done by the governor of the British possession alone;

(3.) Any prison in the British possession may be substi

tuted for a prison in Middlesex;

(4.) A judge of any court exercising in the British posses

sion the like powers as the Court of Queen's Bench exercises in England, may exercise the power of discharging a criminal when not conveyed within two months out of such British possession.

Saving of 18. If by any law or ordinance, made before or after the laws of British passing of this Act by the legislature of any British posses

sion, provision is made for carrying into effect within such possession the surrender of fugitive criminals who are in or suspected of being in such British possession, Her Majesty may, by the Order in Council applying this Act, in the case of any foreign State, or by any subsequent order, either Suspend the operation within any such British possession

of this Act, or of any part thereof, so far as it relates to such foreign State, and so long as such law or ordinance continues in forie there, and no longer ;

or

E.ctradition.

or direct that such law or ordinance, or any part thereof,

shall have effect in such British possession, with or
without modifications and alterations, as if it were part
of this Act.

GENERAL PROVISIONS.

19. Where, in pursuance of any arrangement with a Criminal surforeign State, any person accused or convicted of any crime foreign State which, if committed in England, would be one of the crimes not triable for described in the first schedule to this Act is surrendered by crime.

previous that foreign State, such person shall not, until he has been restored or had an opportunity of returning to such foreign State, be triable or tried for any offence committed prior to the surrender in any part of Her Majesty's dominions other than such of the said crimes as may be proved by the facts on which the surrender is grounded.

20. The forms set forth in the second schedule to this Act, As to use of or forms as near thereto as circumstances admit, may be used second in all matters to which such forms refer, and in the case of a schedule. British possession may be so used, mutatis mutandis, and when used shall be deemed to be valid and sufficient in law.

21. Her Majesty may, by Order in Council, revoke or alter, Revocation, subject to the restrictions of this Act, any Order in Council in Council. made in pursuance of this Act, and all the provisions of this Act with respect to the original order shall (so far as applicable) apply, mutatis mutandis, to any such new order.

22. This Act (except so far as relates to the execution of Application warrants in the Channel Islands) shall extend to the Channel Channel Islands and Isle of Man in the same manner as if they were Islands and part of the United Kingdom ; and the royal courts of the Channel Islands are hereby respectively authorized and required to register this Act.

,

23. Nothing in this Act shall affect the lawful powers of Saying for Her Majesty or of the Governor General of India in Council Indian treato make treaties for the extradition of criminals with Indian native States, or with other Asiatic States counterminous with British India, or to carry into execution the provisions of any such treaties made either before or after the passing of this Act.

24. The testimony of any witness may be obtained in Power of forrelation to any criminal matter pending in any court or obtain evi

tribunal dence in

Extradition.

United King- tribunal in a foreign State in like manner as it may be obtained dom.

in relation to any civil matter under the Act of the session of
the nineteenth and twentieth years of the reign of Her present
Majesty, chapter one hundred and thirteen, intituled “ An
" Act to provide for taking evidence in Her Majesty's Domin-
ions in relation to civil and commercial matters pending
before foreign tribunals;" and all the provisions of that Act
shall be construed as if the term civil matter included a
criminal matter, and the term cause included a proceeding
against a criminal: l'rovided that nothing in this section
shall apply in the case of any criminal matter of a political
character.

Foreign State includes dependencies.

25. For the purposes of this Act, every colony, dependency, and constituent part of a foreign State, and every vessel of that State, shall (except where expressly mentioned as distinct in this Act) be deemed to be within the jurisdiction of and to be part of such foreign State.

Definition of terms.

26. In this Act, unless the context otherwise requires,

[blocks in formation]

The term “ British possession" means any colony, plantation, island, territory, or settlement within Her Majesty's dominions, and not within the United Kingdom, the Channel Islands, and Isle of Man; and all colonies, plantations, islands, territories and settlements under one legislature, as hereinafter defined, are deemed to be one British possession :

“Legislature :

" Governor :"

The term “legislature” means any person or persons who can exercise legislative authority in a British possession, and where there are local legislatures as well as a central legislature, means the central legislature only:

The term “Governor” means any person or persons administering the government of a British possession, and includes the governor of any part of India :

The term “extradition crime" means a crime which, if committed in England or within English jurisdiction, would be one of the crimes described in the first schedule of this Act:

" Extradition crime :"

"Convio tion:

The terms "conviction" and "convicted" do not include or refer to a conviction which under foreign law is a conviction for contumacy, but the term “accused person ” includes a person so convicted for contumacy:

The E.tradition.

The term, “fugitive criminal” means any person accused "Fugitive or convicted of an extradition crime committed within the criminal:" jurisdiction of any foreign State, who is in or is suspected of being in some part of Her Majesty's dominions; and the term “fugitive criminal of a foreign State” means a fugitive “Fugitive criminal accused or convicted of an extradition crime foreign committed within the jurisdiction of that State :

State :"

criminal of a

The term “Secretary of State” means one of Her "Secretary of

State :" Majesty's Principal Secretaries of State:

The term “ Police Magistrate ” means a chief magistrate " Police of the metropolitan Police Courts, or one of the other Magistrate :" magistrates of the metropolitan Police Court in Bow Street:

The term “Justice of the Peace” includes in Scotland any " Justice of Sheriff, Sheriff's substitute, or Magistrate :

the Peace :"

The term “warrant," in the case of any foreign State, "Warrant:" includes any judicial document authorizing the arrest of a person accused or convicted of crime :

REPEAL OF ACTS.

27. The Acts specified in the third schedule to this Act Repeal of are hereby repealed as to the whole of Her Majesty's schedule. dominions; and this Act (with the exception of anything contained in it which is inconsistent with the treaties referred to in the Acts so repealed) shall apply (as regards crimes committed either before or after the passing of this Act), in the case of the foreign States with which those treaties are made, in the same manner as if an Order in Council referring to such treaties had been made in pursuance of this Act, and as if such order had directed that every law and ordinance which is in force in any British possession with respect to such treaties should have effect as part of this Act :

Provided that if any proceedings for or in relation to the surrender of a fugitive criminal have been commenced under the said Acts previously to the repeal thereof, such proceedings may be completed, and the fugitive surrendered in the same manner as if this Act had not passed.

SCHEDULES.

« 이전계속 »