Page 1047 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

Basic HTML Version

1035
Kanunları ve Tercümeleri
that—
(a) if extradited he might be prejudiced at his trial because communication between
him and the appropriate authorities would not be possible, and
(b) the act or omission constituting the extradition offence also constitutes an offence
under section 1 of the Taking of Hostages Act 1982 (c. 28) or an attempt to commit such an offen-
ce.
(2) The appropriate authorities are the authorities of the territory which are entitled to exerci-
se rights of protection in relation to him.
(3) A certificate issued by the Secretary of State that a territory is a party to the Hostage-taking
Convention is conclusive evidence of that fact for the purposes of subsection (1).
(4) The Hostage-taking Convention is the International Convention against the Taking of Hos-
tages opened for signature at New York on 18 December 1979.
17- Speciality
(1) A person’s extradition to a category 1 territory is barred by reason of speciality if (and only
if ) there are no speciality arrangements with the category 1 territory.
(2) There are speciality arrangements with a category 1 territory if, under the law of that ter-
ritory or arrangements made between it and the United Kingdom, a person who is extradited to
the territory from the United Kingdommay be dealt with in the territory for an offence committed
before his extradition only if—
(a) the offence is one falling within subsection (3), or
(b) the condition in subsection (4) is satisfied.
(3) The offences are—
(a) the offence in respect of which the person is extradited;
(b) an extradition offence disclosed by the same facts as that offence;
(c) an extradition offence in respect of which the appropriate judge gives his consent
under section 55 to the person being dealt with;
(d) an offence which is not punishable with imprisonment or another form of detenti-
on;
(e) an offence in respect of which the person will not be detained in connection with
his trial, sentence or appeal;
(f ) an offence in respect of which the person waives the right that he would have (but
for this paragraph) not to be dealt with for the offence.