The Extradition Act 2003 (Overseas Territories) Order 2016

UK Statutory Instrument 2016 No. 990 — creates 16 criminal offences.

16offences created

0recorded in force

0revoked

Made: 12 October 2016
In force from: 10 November 2016
Extent: Not stated
Subject: Courts, police, prisons and the administration of justice
Made under: Anguilla Act 1980, Her by sections 177, 178 and 224(2) of the Extradition Act 2003, No. 990 Extradition The Extradition Act 2003, Saint Helena Act 1833, Settlements Acts 1887 and 1945, section 2(1)(b) of the Cyprus Act 1960, West Indies Act 1962

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

This Order extends provisions of the Extradition Act 2003, with modifications, to all British overseas territories except Gibraltar (which has its own extradition legislation). For the purposes of this Order, all territories that are specified as category 1 territories and category 2 territories under the 2003 Act are designated as “extradition territories”, together with the United Kingdom, the Channel Islands and the Isle of Man, and all British overseas territories. The Order therefore makes provision for extradition between all these territories and the British overseas territories to which the Order extends. It also enables the list of “extradition territories” for the purposes of the Order to be varied in the future. The Order also makes provision for police powers in the context of extradition, and for further modifications to the 2003 Act as extended in cases where an extradition request involves more than one offence.

Offences created by this instrument

The conditions in this subsection are that— a the conduct occurs in the extradition territory; b the conduct would… paragraph 137(3) of SCHEDULE 3 · Status not determined · Strict liability
b the conduct would constitute an offence under the law of the Territory punishable with imprisonment or another form… paragraph 137(3)(b) of SCHEDULE 3 · Status not determined · Strict liability
The conditions in this subsection are that— a the conduct occurs outside the extradition territory; b in corresponding… paragraph 137(4) of SCHEDULE 3 · Status not determined · Strict liability
b in corresponding circumstances equivalent conduct would constitute an extra–territorial offence under the law of the… paragraph 137(4)(b) of SCHEDULE 3 · Status not determined · Strict liability
If the conduct constitutes an offence under the military law of the extradition territory but does not constitute an… paragraph 137(7) of SCHEDULE 3 · Status not determined · Strict liability
If the conduct constitutes an offence under the military law of the extradition territory but does not constitute an… paragraph 137(7) of SCHEDULE 3 · Status not determined · Strict liability
The conditions in this subsection are that— a the conduct occurs in the extradition territory; b the conduct would… paragraph 138(3) of SCHEDULE 3 · Status not determined · Strict liability
Power to request extradition to the Territory paragraph 149A(4) of SCHEDULE 3 · Status not determined · Strict liability
Power to request extradition to the Territory paragraph 149A(4)(c) of SCHEDULE 3 · Status not determined · Strict liability
Search and seizure warrants paragraph 156(6) of SCHEDULE 3 · Status not determined · Strict liability
Search and seizure warrants paragraph 156(6)(a) of SCHEDULE 3 · Status not determined · Strict liability
Requirements for making of production order paragraph 158(2) of SCHEDULE 3 · Status not determined · Requires proof of a state of mind
Requirements for making of production order paragraph 158(2)(e) of SCHEDULE 3 · Status not determined · Strict liability
Warrants: special procedure material and excluded material paragraph 160(6) of SCHEDULE 3 · Status not determined · Strict liability
Hostage–taking considerations paragraph 83(1) of SCHEDULE 3 · Status not determined · Strict liability
Hostage–taking considerations paragraph 83(1)(b) of SCHEDULE 3 · Status not determined · Strict liability

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
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