2BPolitical offence

2B Political offence

(1) For paragraph (b) of the definition of political offence in section 5 of the Act, an offence is an extraditable offence, in relation to all countries, if the offence is constituted by conduct of a kind referred to in any of the following: (a) Article 1 of the Convention for the Suppression of Unlawful Seizure of Aircraft, a copy of the English text of which is set out in Schedule 1 to the Crimes (Aviation) Act 1991; (b) Article 1 of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, a copy of the English text of which is set out in Schedule 2 to the Crimes (Aviation) Act 1991; (c) paragraph 1 of Article 2 of the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, a copy of the English text of which is set out in the Schedule to the Crimes (Internationally Protected Persons) Act 1976; (d) Article 1 of the International Convention against the Taking of Hostages, done at New York on 17 December 1979; (e) Article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York on 10 December 1984; (f) Article 3 of the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, a copy of the English text of which is set out in Schedule 1 to the Crimes (Ships and Fixed Platforms) Act 1992; (g) Article 2 of the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf, a copy of the English text of which is set out in Schedule 2 to the Crimes (Ships and Fixed Platforms) Act 1992; (h) Article 7 of the Physical Protection Convention. (2) For paragraph (c) of the definition of political offence in section 5 of the Act, an offence is not a political offence, in relation to all countries, if: (a) the offence is constituted by conduct of a kind referred to in any of the following: (i) Article 2 of the International Convention for the Suppression of the Financing of Terrorism, done at New York on 9 December 1999; (ii) Article III of the Convention on the Prevention and Punishment of the Crime of Genocide, a copy of the English text of which is set out in the Schedule to the Genocide Convention Act 1949; (iii) Article 2 of the International Convention for the Suppression of Terrorist Bombings, done at New York on 15 December 1997; (iv) Article 3 of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, done at Vienna on 20 December 1988; (v) Article 2 of the International Convention for the Suppression of Acts of Nuclear Terrorism, done at New York on 13 April 2005; or (b) the offence is established in accordance with the United Nations Convention against Corruption, done at New York on 31 October 2003. (3) For paragraph (c) of the definition of political offence in section 5 of the Act, an offence is not a political offence, in relation to the countries mentioned in subregulation (4), if: (a) the offence is constituted by taking or endangering, attempting to take or endanger, or participating in the taking or endangering of, the life of a person; and (b) the offence is committed in circumstances in which the conduct mentioned in paragraph (a) creates a collective danger, whether direct or indirect, to the lives of other persons. (4) For subregulation (3), the countries are as follows: (a) each Commonwealth country within the meaning of the Extradition (Commonwealth countries) Regulations 2010; (b) Canada; (c) Cook Islands; (d) Denmark; (e) Iceland; (f) Japan; (g) Kiribati; (h) Nauru; (i) Papua New Guinea; (j) Republic of Estonia; (k) Republic of the Marshall Islands; (l) Samoa; (m) Solomon Islands; (n) Tonga; (o) Tuvalu; (p) United Kingdom; (q) Vanuatu. (5) For paragraph (c) of the definition of political offence in section 5 of the Act, an offence is not a political offence, in relation to the Republic of Estonia, if the offence is constituted by: (a) the murder, kidnapping, or other attack on the person or liberty of: (i) the head of state of the Republic of Estonia; or (ii) the head of government of the Republic of Estonia; or (iii) a family member of the head of state, or head of government, of the Republic of Estonia; or (b) a threat, or attempt, to commit a murder, kidnapping, or other attack on the person or liberty of a person mentioned in paragraph (a); or (c) participation as an accomplice in a murder, kidnapping, or other attack on the person or liberty of a person mentioned in paragraph (a).