Extradition (United Kingdom) Regulations 2004
Statutory Rules 2004 No. 169 as amended
made under the
Extradition Act 1988
This compilation was prepared on 20 September 2012
taking into account amendments up to SLI 2012 No. 210
Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra
Contents
1 Name of Regulations [see Note 1]
2 Commencement [see Note 1]
3 Definition
4 Declaration that United Kingdom is an extradition country
6 Application of the Act in relation to United Kingdom
Notes
1 Name of Regulations [see Note 1]
These Regulations are the Extradition (United Kingdom) Regulations 2004.
2 Commencement [see Note 1]
These Regulations commence on the date of their notification in the Gazette.
3 Definition
In these Regulations:
Act means the Extradition Act 1988.
4 Declaration that United Kingdom is an extradition country
The United Kingdom is declared to be an extradition country.
6 Application of the Act in relation to United Kingdom
For the purposes of the application of the Act in relation to the United Kingdom and:
(a) relying on paragraph 11 (1) (b) and subsection 11 (2) of the Act, paragraph 17 (2) (a) of the Act is modified by omitting ‘45 days’ and substituting ‘60 days’; and
(b) relying on paragraph 11 (1) (b) of the Act, in addition to the supporting documents within the meaning of paragraph 19 (2) (a) of the Act, a statement of the identity, nationality and physical description of the person is required to be produced to a magistrate for the purposes of subsection 19 (1) of the Act.
Notes to the Extradition (United Kingdom) Regulations 2004
Note 1
The Extradition (United Kingdom) Regulations 2004 (in force under the Extradition Act 1988) as shown in this compilation comprise Statutory Rules 2004 No. 169 amended as indicated in the Tables below.
Table of Instruments
Year and
Number | Date of notification
in Gazette or FRLI registration | Date of
commencement | Application, saving or
transitional provisions |
2004 No. 169 | 1 July 2004 | 1 July 2004 | |
2012 No. 210 | 3 Sept 2012 (see F2012L01825) | Schedule 18: 20 Sept 2012 (see s. 2) | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 5................ | rep. 2012 No. 210 |
Overview
The Extradition (United Kingdom) Regulations 2004, made under the Extradition Act 1988, were introduced to provide a legal framework for the extradition of individuals between Australia and the United Kingdom. The problem or gap addressed by these regulations was the need for a specific set of rules to govern the extradition process between the two countries, given the distinct legal systems and the requirement for modifications to the application of the Extradition Act 1988. The regulations were enacted by the Parliament of Australia and aim to streamline the extradition process by providing clear guidelines and specific modifications to certain provisions of the Act when dealing with the United Kingdom. These regulations declare the United Kingdom as an extradition country and modify certain aspects of the Act to facilitate the extradition process, such as extending the period for producing documents and requiring additional information about the person to be extradited.
Scope and Application
The Extradition (United Kingdom) Regulations 2004, made under the Extradition Act 1988, outline the procedures for the extradition of individuals between Australia and the United Kingdom. These Regulations apply to any person who is sought for extradition from Australia to the United Kingdom or vice versa, and they modify certain provisions of the Extradition Act 1988 specifically for this purpose. The scope of the Regulations is confined to the formalities and documentation required for extradition proceedings with the United Kingdom, with particular emphasis on the time frames and additional documentation necessary for such extraditions. The Regulations have a national reach within Australia, as they are implemented under Commonwealth authority. The United Kingdom is designated as an extradition country under these Regulations, thus facilitating the extradition process between the two nations. The Regulations also provide for amendments to the Extradition Act 1988 in relation to the specified time frames and documentation requirements, as evidenced by the modifications to certain subsections and the inclusion of additional particulars about the individual being extradited.
Key Provisions
The Extradition (United Kingdom) Regulations 2004 (subsection 4) declare the United Kingdom as an extradition country, which means that it is recognised as a country with which Australia has an extradition treaty. This declaration facilitates the process of requesting and receiving extradition of individuals from the UK who are wanted in Australia for criminal offences. Section 6 of the Regulations modifies the application of the Extradition Act 1988 (the Act) specifically for the United Kingdom. It changes the period within which an application for extradition must be made, extending it from 45 days to 60 days as stated in subsection 6(a). Additionally, section 6(b) requires the production of a statement detailing the identity, nationality, and physical description of the person to a magistrate, in addition to the usual supporting documents as outlined in subsection 19(2)(a) of the Act.
Under these Regulations, both Australia and the United Kingdom have specific obligations when it comes to the extradition process. For instance, Australia must ensure that all requests for extradition comply with the extended time frame of 60 days and include the additional statement of identity, nationality, and physical description of the person. The United Kingdom, on the other hand, must process these requests within its legal framework and provide the necessary documentation and information to facilitate the extradition process. Both countries must adhere to the terms of their extradition treaty and the provisions of the Extradition Act 1988.
Failure to comply with the requirements set out in the Extradition (United Kingdom) Regulations 2004 may result in various legal consequences. The Act itself does not explicitly detail penalties for non-compliance with these Regulations. However, breaches of the Extradition Act 1988 may lead to civil or criminal penalties, depending on the nature and severity of the breach. The maximum penalties could potentially include fines or imprisonment, but these would be determined in the context of the broader Act and any relevant case law. Ensuring adherence to these Regulations is crucial for maintaining the integrity of the extradition process between Australia and the United Kingdom.