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EXTRADITION ACT 1873

EXTRADITION ACT 1873 - LONG TITLE

An Act to amend the Extradition Act, 1870.{1}
[5th August 1873]
Construction of Act and short title.

EXTRADITION ACT 1873 - SECT 1

1. This Act shall be construed as one with the Extradition Act,
1870, (in this Act referred to as the principal Act,) and the
principal Act and this Act may be cited together as "The
Extradition Acts, 1870 and 1873," and this Act may be cited alone
as "The Extradition Act, 1873."

S.2 rep. by SLR 1950

EXTRADITION ACT 1873 - SECT 3
Liability of accessories.

3.... Every person who is accused or convicted of having counselled,
procured, commanded, aided, or abetted the commission of any
extradition crime, or of being accessory before or after the fact
to any extradition crime, shall be deemed, for the purposes of the
principal Act and this Act, to be accused or convicted of having
committed such crime, and shall be liable to be apprehended and
surrendered accordingly.

EXTRADITION ACT 1873 - SECT 4
Explanation of 1870 c.52 s.14 as to affirmations.

4. The provisions of the principal Act relating to depositions and
statements on oath taken in a foreign state, and copies of such
original depositions and statements, do and shall extend to
affirmations taken in a foreign state, and copies of such
affirmations.

EXTRADITION ACT 1873 - SECT 5
Power of taking evidence in United Kingdom for foreign criminal
matters.

5. A Secretary of State may, by order under his hand and seal,
require a police magistrate or a justice of the peace to take
evidence for the purpose of any criminal matter pending in any
court or tribunal in any foreign state; and the police magistrate
or justice of the peace, upon the receipt of such order, shall
take the evidence of every witness appearing before him for the
purpose in like manner as if such witness appeared on a charge
against some defendant for an indictable offence, and shall certify
at the foot of the depositions so taken that such evidence was
taken before him, and shall transmit the same to the Secretary of
State; such evidence may be taken in the presence or absence of
the person charged, if any, and the fact of such presence or
absence shall be stated in such deposition.

Any person may, after payment or tender to him of a reasonable sum
for his costs and expenses in this behalf, be compelled, for the
purposes of this section, to attend and give evidence and answer
questions and produce documents, in like manner and subject to the
like conditions as he may in the case of a charge preferred for
an indictable offence.

...

Provided that nothing in this section shall apply in the case of
any criminal matter of a political character.

EXTRADITION ACT 1873 - SECT 6
Explanation of 1870 c.52 s.16.

6. The jurisdiction conferred by section sixteen of the principal
Act on a stipendiary magistrate... shall be deemed to be in
addition to, and not in derogation or exclusion of, the jurisdiction
of the police magistrate.

EXTRADITION ACT 1873 - SECT 7
Explanation of diplomatic representative and consul.

7. For the purposes of the principal Act and this Act a diplomatic
representative of a foreign state shall be deemed to include any
person recognised by the Secretary of State as a consul-general of
that state, and a consul or vice-consul shall be deemed to include
any person recognised by the governor of a British possession as a
consular officer of a foreign state.

EXTRADITION ACT 1873 - SECT 8
Addition to list of crimes in schedule.

8. The principal Act shall be construed as if there were included
in the first schedule to that Act the list of crimes contained in
the schedule to this Act.The following list of crimes is to be
construed according to the law existing in England or in a British
possession (as the case may be) at the date of the alleged crime,
whether by common law or by statute made before or after the
passing of this Act:

Kidnapping and false imprisonment.

Perjury, and subornation of perjury, whether under common or statute
law.

Any indictable offence under [the Theft Act 1968], [or the Theft
Act 1978] or any Act amending or substituted for the same....

Any indictable offence under the [Criminal Damage Act 1971 or the
unrepealed provisions of the Malicious Damage Act 1861], or any Act
amending or substituted for [either], which is not included in the
first schedule to the principal Act.

Any indictable offence under the Forgery Act, 1861, or any Act
amending or substituted for the same, which is not included in the
first schedule to the principal Act.

Any indictable offence under the Coinage Offences Act, 1861, or any
Act amending or substituted for the same, which is not included in
the first schedule to the principal Act.

Any indictable offence under the Offences against the Person Act,
1861, or any Act amending or substituted for the same, which is
not included in the first schedule to the principal Act.

Any indictable offence under the laws for the time being in force
in relation to bankruptcy which is not included in the first
schedule to the principal Act.

[Any indictable offence under the Sexual Offences Act 1956, or any
Act amending or substituted for the same, which is not included in
the first schedule to the principal Act...].