Extradition Act

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Extradition Act
CHAPTER 4.09
EXTRADITION
(Acts 5 of 1946 and 24 of 1956)
Commencement
[26 June 1947]
Short title
1. This Act may be cited as the Extradition Act.
Power of magistrates and the Governor in relation to extradition of
fugitive criminals
2. All powers vested in and acts authorised or required to be done by a police magistrate or any justice of the peace in relation to the surrender of fugitive criminals in the United Kingdom under The Extradition Acts, 1870 and 1873 or any Act amending or substituted for those Acts, are hereby vested in, and may in Montserrat be exercised and done by any magistrate or by the Governor in relation to the surrender of fugitive criminals under the said Acts.
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EXTRADITION

NOTES ON APPLICABLE LAW
(These Notes do not form part of the Revised Edition)

Commonwealth Countries
1. The extradition of persons between Montserrat and certain other
Commonwealth countries is controlled by various orders made under by (UK).
Extradition (Overseas Territories) Order 2002 (2002 No. 1823) which extends the
Extradition Act 1989 (UK) to Montserrat with the modification included in the Order
came into force on 16 August 2002. This Order repealed Fugitive Offenders
(Montserrat) Order 1967 (UK S.I. 1967 No. 1913).

Other Countries
2.1 The extradition of persons between Montserrat and other countries not covered
by the Commonwealth scheme, is controlled by the (UK) Extradition Act 1870 as
amended, and the various orders made under that Act to apply it to reciprocating
states.
This Act was repealed by the (UK) Extradition Act 1989, but the Orders made under it
were saved and they continue to apply.

2.2 The (UK) Extradition Act 1870 was extended to Montserrat by section 17 and
the Extradition (Montserrat) Order (UK) 1976, No. 54. The (UK) Extradition Act
1870 as amended, with footnotes and a list of countries to whom the Act has been
applied, may be found in Volume 17 of Halsburys Statutes of England, under the title
Extradition and Fugitive Offenders, (page 478 of the 4th edition).

2.3 The (UK) Extradition Act 1870 applies to countries only when reciprocal
arrangements are made by treaty and a UK Order is made specifying the other country
and the arrangements.
Multilateral special purpose extradition
3.1 The UK Government has extended to Montserrat certain extradition
arrangements based upon special purpose Orders giving effect to multilateral
obligations; some of these are
Torture S.I. (UK) 1997 No. 1769
Tokyo Convention S.I. (UK) 1997 No. 1768
Hostages S.I. (UK) 1997 No. 1767
Safety of Maritime Navigation S.I. (UK) 1997 No. 1766
Protection of Nuclear Material S.I. (UK) 1997 No. 1765
Protected Persons S.I. (UK) 1997 No. 1764

Hijacking S.I. (UK) 1997 No. 1763
Drug Trafficking S.I. (UK) 1997 No. 1762
Aviation Security S.I. (UK) 1997 No. 1760
Genocide S.I. (UK) 1970 No. 147
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SCHEDULE

COMMONWEALTH COUNTRIES WITH WHICH CERTAIN
EXTRADITION ARRANGEMENTS HAVE BEEN MADE

COUNTRY SOURCE OF
EXTRADITION POWER
LOCAL
APPLICATION
Antigua and Barbuda
Australia
(Norfolk Island, Australian
Antarctic Territory, the
territory of the Cocos
(Keeling) Islands, the territory
of Christmas Island, the
territory of the Heard and
McDonald Islands and the
territory of the Ashmore and
Cartier Islands, being
territories for the external
relations of which Australia is
responsible, are to be treated
as part of Australia for the
purposes of this Order)
The Bahamas
Bangladesh
Barbados
Canada
The Cook Islands
Cyprus
Dominica
Fiji
The Gambia
Ghana
Grenada
Guyana
India
Jamaica
Kenya
Kiribati
UK Fugitive
Offenders Act 1967
as extended to
Montserrat by the
Fugitive Offenders
(Montserrat) Order
1967, S.I. 1967 No.
1913 1 as amended






















Fugitive Offenders
(Designated
Commonwealth
Countries) Order 1986
(L.N. 3/1986)

























1 Fugitive Offenders (Montserrat) Order 1967, S.I. 1967 No. 1913 was repealed by The Extradition
(Overseas Territories) Order (SI 2002 No. 1823)



COUNTRY SOURCE OF
EXTRADITION POWER
LOCAL
APPLICATION
Lesotho
Malawi
Malaysia
Malta
Mauritius
Nauru
New Zealand
(Niue and the Tokelau
Islands, being territories for
the external relations of which
New Zealand is responsible,
are to be treated as part of
New Zealand for the purposes
of this Order)
Nigeria
Papua New Guinea
Saint Christopher and Nevis
Saint Lucia
Saint Vincent and the
Grenadines
The Seychelles
Sierra Leone
Singapore
Solomon Islands
Tonga
Trinidad and Tobago
Tuvalu
United Kingdom and its
Dependent Territories
Uganda
Western Samoa
Zambia
Zimbabwe




























































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