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Nuclear Material (Offences) Act 1983

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This is the original version (as it was originally enacted).

5Extradition.

(1)There shall be deemed to be included—

(a)in the list of extradition crimes in Schedule 1 to the [1870 c. 52.] Extradition Act 1870, and

(b)among the description of offences set out in Schedule 1 to the [1967 c. 68.] Fugitive Offenders Act 1967,

any offence under section 2 of this Act.

(2)Where no such arrangement as is mentioned in section 2 of the Extradition Act 1870 has been made with a State which is a party to the Convention, an Order in Council applying the Act of 1870 may be made under that section as if the Convention were such an arrangement with that State; but where the Act of 1870 is so applied it shall have effect as if the only extradition crimes within the meaning of that Act were—

(a)an offence mentioned in paragraphs (a) to (d) of subsection (1) of section 1 of this Act which is committed by doing an act in relation to or by means of nuclear material;

(b)an offence under section 2 of this Act; and

(c)an attempt to commit an offence mentioned in paragraph (a) or (b) above.

(3)For the purposes of the Extradition Act 1870 any act, wherever committed, which—

(a)is an offence mentioned in subsection (2) above, and

(b)is an offence against the law of any State in the case of which that Act is applied by an Order in Council under section 2 of that Act,

shall be deemed to be an offence committed within the jurisdiction of that State.

(4)In this section and in section 6 below “the Convention” means the Convention on the Physical Protection of Nuclear Material opened for signature at Vienna and New York on 3rd March 1980.

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