(1)Schedule 2 to this Order specifies in the first column foreign States which are Parties to the Convention and with which extradition treaties (and relevant Orders in Council under section 2 of the Extradition Act 1870) are for the time being in force, in the second column the dates of those treaties, and in the third column those Orders in Council; and
(2)Schedule 1 to the Extradition Act 1989 shall apply in the case of a State specified in the first column in accordance with the extradition treaty whose date is specified in the corresponding entry in the second column, as supplemented by paragraphs 1 and 4 of Article 10 of the Convention; and the Order in Council which gives effect to that extradition treaty shall be construed accordingly.
The Extradition Act 1989, so far as it relates to extradition procedures under Part III of that Act, shall apply in the case of a State specified in Part I of Schedule 3 to this Order (being States in respect of which the Convention is into force but in relation to which no extradition treaties are in force) subject to the limitations, restrictions, exceptions and qualifications contained in Part II of that Schedule.
The following Orders are hereby revoked—• The Extradition (Taking of Hostages) Order 1985;• The Extradition (Taking of Hostages) Order (Amendment) 1985;• The Extradition (Taking of Hostages) (Amendment) Order 1986• The Extradition (Taking of Hostages) (Amendment) Order 1987.• The Extradition (Taking of Hostages) (Amendment) Order 1988.
This Order extends only to the United Kingdom, the Channel Islands and the Isle of Man, and to those territories which are specified in Schedule 4 to this Order.
(1)Any person who seizes or detains and threatens to kill, to injure or to continue to detain another person (hereinafter referred to as the “hostage”) in order to compel a third party, namely, a State, an international governmental organisation, a natural or juridical person, or a group of persons, to do or abstain from doing any act as an explicit or implicit condition for the release of the hostage commits the offence of taking of hostages (“hostage-taking”) within the meaning of this Convention.
(2)Any person who:
(a)attempts to commit an act of hostage-taking, or
(b)participates as an accomplice of anyone who commits or attempts to commit an act of hostage-taking
likewise commits an offence for the purposes of this Convention.
(4)The rights referred to in paragraph 3 of this article shall be exercised in conformity with the laws and regulations of the State in the territory of which the alleged offender is present subject to the proviso, however, that the said laws and regulations must enable full effect to be given to the purposes for which the rights accorded under paragraph 3 of this article are intended.
(5)The provisions of paragraphs 3 and 4 of this article shall be without prejudice to the right of any State Party having a claim to jurisdiction in accordance with paragraph 1(b) of Article 5 to invite the International Committee of the Red Cross to communicate with and visit the alleged offender.
(6)The State which makes the preliminary inquiry contemplated in paragraph 1 of this article shall promptly report its findings to the States or organization referred to in paragraph 2 of this article and indicate whether it intends to exercise jurisdiction.
(1)The Extradition Act 1989 shall have effect in relation to a State specified in Part I of this Schedule only in respect of—
(a)an offence mentioned in section 22(4)(e) of the Extradition Act 1989;
(b)an attempt to commit such an offence;
(c)counselling, procuring, commanding, aiding or abetting such an offence;
(d)being an accessory before or after the fact to such an offence.
(2)No proceeding shall be taken on an application for a provisional warrant to be issued under section 8(1)(b) of the 1989 Act, and no such warrant shall be issued, unless the application is made with the consent of the Secretary of State signified by an Order in the form set out in Part III of this Schedule or in a form to the like effect; but except as aforesaid the signification of consent shall not affect the provisions of the said section 8.