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Statute Law Repeals - Law Commission - Ministry of Justice

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GROUP 3 - EXTRADITION<br />

2.19 The Extradition Act 1870 19 created a code for the extradition <strong>of</strong> persons either<br />

accused or convicted <strong>of</strong> crime in the United Kingdom or (when extended by Order<br />

in Council) within certain “British possessions”. The 1870 Act was supplemented<br />

by the Extradition Act 1873, 20 which extended the list <strong>of</strong> crimes (scheduled<br />

originally to the 1870 Act) for which extradition was available, and included within<br />

the ambit <strong>of</strong> extradition being an accessory to such crimes.<br />

2.20 Since enactment <strong>of</strong> the 1873 Act a series <strong>of</strong> statutes has amended or updated<br />

extradition law, culminating in the Extradition Act 2003. 21 Prior to 2003 the<br />

Extradition Act 1989 22 had consolidated various provisions, including the<br />

Extradition Acts 1870 to 1932. The net effect <strong>of</strong> the consolidation and<br />

amendments was that the Extradition Act 1870 was repealed in whole (with a<br />

saving for Orders in Council made under section 2 ratifying arrangements with<br />

foreign states to surrender fugitive <strong>of</strong>fenders), along with the bulk <strong>of</strong> the<br />

Extradition Act 1873. 23<br />

2.21 All that remains <strong>of</strong> the 1873 Act are the short title, the long title (“An Act to amend<br />

the Extradition Act 1870”) and the words in section 1 “This Act may be cited as<br />

‘The Extradition Act 1873’”. These provisions are superseded and the whole Act<br />

can now be repealed. The 1870 and the 1873 Acts extended originally to the<br />

whole <strong>of</strong> the UK and to the Isle <strong>of</strong> Man and the Channel Islands.<br />

GROUP 4 - FORGERY<br />

2.22 The Forgery <strong>of</strong> Foreign Bills Act 1803 24 was designed to outlaw the growing<br />

practice <strong>of</strong> forging and counterfeiting foreign bills <strong>of</strong> exchange and promissory<br />

notes within the United Kingdom, which had become all the more prevalent<br />

because <strong>of</strong> the ability to engrave the requisite printing plates.<br />

19 33 & 34 Vict. c.52 (1870). The 1870 Act repealed previous legislation on extradition,<br />

including the Extradition Act 1866 (c.121).<br />

20 36 & 37 Vict. c.60 (1873).<br />

21 2003 (c.41).<br />

22 1989 (c.33).<br />

23 Much <strong>of</strong> section 1, together with sections 3, 4, 6, 7 and 8 and the Schedule were repealed<br />

by the Extradition Act 1989, s 37(1) and Sch 2. Section 2 was repealed by the <strong>Statute</strong> <strong>Law</strong><br />

Revision Act 1950 (c.6), s 1 and Sch 1. And section 5 was repealed by the Criminal <strong>Justice</strong><br />

(International Co-operation) Act 1990 (c.5), s 31(3) and Sch 5.<br />

24 43 Geo.3 c.139 (1803).<br />

107

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