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EXTRADITION ACT 1870 - SECT 3

Restrictions on surrender of criminals.

3. The following restrictions shall be observed with respect to the 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:

(4)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.

© 1870 Crown Copyright

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