Extradition Act 1989

24Suppression of terrorism

(1)For the purposes mentioned in subsection (2) below—

(a)no offence to which section 1 of the [1978 c. 26.] Suppression of Terrorism Act 1978 applies shall be regarded as an offence of a political character; and

(b)no proceedings in respect of an offence to which that section applies shall be regarded as a criminal matter of a political character or as criminal proceedings of a political character.

(2)Those purposes are the purposes—

(a)of a request for the return of a person in accordance with extradition procedures under Part III of this Act made by a country to which this subsection applies; and

(b)of a requisition under Schedule 1 to this Act which is made by such a country.

(3)Subsection (2) above applies—

(a)to a country for the time being designated in an order made by the Secretary of State as a party to the European Convention on the Suppression of Terrorism signed at Strasbourg on 27th January 1977; and

(b)to a country in relation to which the Secretary of State has made an order under section 5 of the Suppression of Terrorism Act 1978 applying that subsection.

(4)In relation to a requisition under Schedule 1 to this Act which is made by a country to which subsection (2) above applies that Schedule shall have effect as if at the end of paragraph 1(2)(b) there were added “or

(c)he proves to the satisfaction of the metropolitan magistrate or the court before whom he is brought on habeas corpus, or to the Secretary of State—

(i)that the requisition for his surrender has in fact been made with a view to try or punish him on account of his race, religion, nationality or political opinions; or

(ii)that he might, if surrendered, be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality or political opinions.”.