Oman - Third Highway Maintenance Project
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This section applies to any offence of which a person is accused or has been convicted outside the United Kingdom if the act constituting the offence, or the equivalent act, would, if it took place in any part of the United Kingdom or, in the case of an extra-territorial offence, in corresponding circumstances outside the United Kingdom, constitute one of the offences listed in Schedule 1 to this Act.
For the purposes mentioned in subsection (3) below—
no offence to which this section applies shall be regarded as an offence of a political character; and
no proceedings in respect of an offence to which this section applies shall be regarded as a criminal matter of a political character or as criminal proceedings of a political character.
Those purposes are—
the purposes of the Extradition Act 1870 in relation to any requisition for the surrender of a fugitive criminal made on behalf of a convention country after the coming into force of this paragraph ;
the purposes of the Fugitive Offenders Act 1967 in relation to any request for the return of a person under that Act made on behalf of a convention country after the coming into force of this paragraph ;
the purposes of the Backing of Warrants (Republic of Ireland) Act 1965 in relation to any warrant issued in the Republic of Ireland to which this paragraph applies by virtue of an order under subsection (4) below ; and
the purposes of section 5 of the Extradition Act 1873 (evidence for foreign criminal matters) and section 5 of the Evidence (Proceedings in Other Jurisdictions) Act 1975 (evidence for criminal proceedings outside the United Kingdom) in relation to—
any criminal proceedings instituted in a convention country (not being the Republic of Ireland) after the coming into force of this sub-paragraph; and
any criminal proceedings in the Republic of Ireland to which this sub-paragraph applies by virtue of an order under subsection (4) below.
The Secretary of State may by order direct that subsection (3)(c) above shall apply to warrants of the kind mentioned in section 1(1)(a) of the said Act of 1965 issued while the order is in force, and that subsection (3)(d)(ii) above shall apply to criminal proceedings instituted in the Republic of Ireland while the order is in force.
On the revocation of an order made under subsection (4) above— but without prejudice to the validity of anything done while the order was in force.
subsection (3)(c) above shall cease to apply to any warrant issued while the order was in force ; and
subsection (3)(d)(ii) above shall cease to apply to any criminal proceedings instituted while the order was in force,
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In relation to any requisition for the surrender of a fugitive criminal made as mentioned in section 1(3)(a) above in respect of an offence to which section 1 above applies, the Extradition Act 1870 shall have effect as if at the end of paragraph (1) of section 3 (which prohibits the surrender of a criminal if he proves as there mentioned that the requisition for his surrender has in fact been made with a view to try or punish him for an offence of a political character) there were added the words " or with a view to try or punish him on account of his race, religion, nationality, or political opinions, or 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: ".
In relation to any warrant issued in the Republic of Ireland which specifies an offence to which section 1 above applies, being a warrant to which paragraph (c) of subsection (3) of that section applies as mentioned in that paragraph, the Backing of Warrants (Republic of Ireland) Act 1965 shall have effect as if at the end of section 2(2), as amended by the Criminal Jurisdiction Act 1975, (cases where warrant from Republic of Ireland is not to be executed) there were added the following words—or.
There shall be deemed to be included in the list of extradition crimes contained in Schedule 1 to the Extradition Act 1870—
any offence under the Explosive Substances Act 1883 ;
any indictable offence under the Firearms Act 1968; and
any attempt to commit any of the crimes in that list (including crimes added to it after the passing of this Act).
There shall be deemed to be included among the descriptions of offences set out in Schedule 1 to the Fugitive Offenders Act 1967—
any indictable offence under the Offences against the Person Act 1861 ;
any offence under the Explosive Substances Act 1883 ; and
any indictable offence under the Firearms Act 1968.
If a person, whether a citizen of the United Kingdom and Colonies or not, does in a convention country any act which, if he had done it in a part of the United Kingdom, would have made him guilty in that part of the United Kingdom of— he shall, in that part of the United Kingdom, be guilty of the offence or offences aforesaid of which the act would have made him guilty if he had done it there.
an offence mentioned in paragraph 1, 2, 4, 5, 10, . . . 11B,12, 13, 14 or 15 of Schedule 1 to this Act; or
an offence of attempting to commit any offence so mentioned,
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an offence mentioned in paragraph 3, 6, 8 or 9 of Schedule 1 to this Act; or
an offence of attempting to commit any offence so mentioned,
If a person who is a national of a convention country but not a citizen of the United Kingdom and Colonies does outside the United Kingdom and that convention country any act which makes him in that convention country guilty of an offence and which, if he had been a citizen of the United Kingdom and Colonies, would have made him in any part of the United Kingdom guilty of an offence mentioned in paragraph 1, 2 or 13 of Schedule 1 to this Act, he shall, in any part of the United Kingdom, be guilty of the offence or offences aforesaid of which the act would have made him guilty if he had been such a citizen.
Proceedings for an offence which (disregarding the provisons of the Internationally Protected Persons Act 1978) , the Nuclear Material (Offences) Act 1983 , the United Nations Personnel Act 1997 and the Terrorism Act 2000 would not be an offence apart from this section shall not be instituted— . . .
in Northern Ireland, except by or with the consent of the Attorney General for Northern Ireland; or
in England and Wales, except by or with the consent of the Attorney General;
Without prejudice to any jurisdiction exercisable apart from this subsection, every sheriff court in Scotland shall have jurisdiction to entertain proceedings for an offence which (disregarding the provisions of the Internationally Protected Persons Act 1978 and the Nuclear Material (Offences) Act 1983 , the United Nations Personnel Act 1997 and the Terrorism Act 2000)would not be an offence in Scotland apart from this section.
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a person who at the time of the act is a Head of State a member of a body which performs the functions o Head of State under the constitution of the State, i Head of Government or a Minister for Foreign Affairs and is outside the territory of the State in which he holds office;
a person who at the time of the act is a representative or an official of a State or an official or agent of an international organisation of an inter-governmental character, is entitled under international law to special protection from attack on his person, freedom or dignity and does not fall within the preceding paragraph;
a person who at the time of the act is a member of the family of another person mentioned in either of the preceding paragraphs and—
if the other person is mentioned in paragraph (a) above, is accompanying him, or
if the other person is mentioned in paragraph (b) above, is a member of his household ;
For the purposes of this section any act done— shall be treated as done in that convention country; and subsection (4) of section 92 of the Civil Aviation Act 1982 (definition of ’in flight’ or, as applied to hovercraft, ’in journey’) shall apply for the purposes of this subsection as it applies for the purposes of that section.
on board a ship registered in a convention country, being an act which, if the ship had been registered in the United Kingdom, would have constituted an offence within the jurisdiction of the Admiralty; or
on board an aircraft registered in a convention country while the aircraft is in flight elsewhere than in or over that country; or
on board a hovercraft registered in a convention country while the hovercraft is in journey elsewhere than in or over that country,
The Secretary of State may by order direct that section 4 above shall apply in relation to a country falling within subsection (2) below as it applies in relation to a convention country, subject to the exceptions (if any) specified in the order.
In the case of any country which, not being a convention country, is either—
a designated Commonwealth country within the meaning of the Fugitive Offenders Act 1967 ; or
a foreign state with which there is in force an arrangement of the kind described in section 2 of the Extradition Act 1870 with respect to the surrender to that state of fugitive criminals ; or
a United Kingdom dependency within the meaning of the Fugitive Offenders Act 1967,
the Secretary of State may by order direct— and while such an order is in force in the case of any country, the provisions in question shall apply in relation to it accordingly.
in the case of a country within paragraph (a) or (b) above, that all or any of the provisions of this Act which would, apart from this section, apply only in relation to convention countries shall apply in relation to that country (subject to such exceptions, if any, as may be specified in the order) as they apply in relation to a convention country; or
in the case of a country within paragraph (c) above, that the provisions of section 4 above shall so apply in relation to that country;
A country falls within this subsection if—
it is not a convention country; and
it is a category 1 territory or a category 2 territory within the meaning of the Extradition Act 2003.
An order under subsection (2) above shall, unless previously revoked, cease to have effect if the Republic of Ireland subsequently becomes a convention country.
If at the time when the order under this paragraph is made the accused stands charged with or convicted of an offence other than the extra-territorial offence, so much of the order as directs him to be delivered as aforesaid shall not take effect until the conclusion of the proceedings (including any appeal or retrial) in respect of that other offence and of any sentence of imprisonment or detention imposed in those proceedings.
This section shall extend to Northern Ireland only.
Subject to subsection (2) below, this Act shall extend to the Channel Islands and the Isle of Man, and shall have effect as if each of them were part of the United Kingdom.
Her Majesty may by Order in Council direct that this Act shall, in its application to any of the said islands, have effect subject to such exceptions, adaptations or modifications as may be specified in the Order.
Her Majesty may by Order in Council make provision for extending any provisions of this Act, with such exceptions, adaptations or modifications as may be specified in the Order, to any colony, other than a colony for whose external relations a country other than the United Kingdom is responsible, or any country outside Her Majesty’s dominions in which Her Majesty has jurisdiction in right of the government of the United Kingdom.
An Order in Council under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
An Order in Council under subsection (2) or (3) above may be varied or revoked by a subsequent Order in Council under that subsection.
In this Act—
" act " includes omission ;
“act” includes omission;
" convention country " means 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 the 27th January 1977;
“convention country” means 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 Supression of Terrorism signed at Strasbourg on the 27th January 1977;
" country " includes any territory ;
“country” includes any territory;
" enactment " includes an enactment of the Parliament of Northern Ireland, a Measure of the Northern Ireland Assembly, and an Order in Council under the Northern Ireland (Temporary Provisions) Act 1972 or the Northern Ireland Act 1974.
“enactment” includes an enactment of the Parliament of Northern Ireland, a Measure of the Northern Ireland Assembly, and an Order in Council under the Northern Ireland (Temporary Provisions) Act 1972 or the Northern Ireland Act 1974.
Except so far as the context otherwise requires, any reference in this Act to an enactment is a reference to it as amended by or under any other enactment, including this Act.
For the purpose of construing references in this Act to other Acts, section 38(1) of the Interpretation Act 1889 shall apply in cases of repeal and re-enactment by a Measure of the Northern Ireland Assembly or by an Order in Council under the Northern Ireland Act 1974 as it applies in cases of repeal and re-enactment by an Act.
Any power to make an order conferred on the Secretary of State by any provision of this Act—
shall be exercisable by statutory instrument; and
shall include power to revoke or vary a previous order made under that provision.
No order shall be made— unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.
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under section 5 above at any time,
Any statutory instrument containing . . . an order made under subsection (1) above shall be laid before Parliament after being made.
This Act may be cited as the Suppression of Terrorism Act 1978.
The enactments specified in Schedule 2 to this Act (which contains provisions superseded by section 3 above) are hereby repealed to the extent specified in the third column of that Schedule.
This Act shall come into force on such day as the Secretary of State may by order appoint, and different days may be so appointed for different purposes.
Sections 1 and 4.
Murder.
Manslaughter or culpable homicide.
Rape under the law of Scotland or Northern Ireland.
Kidnapping, abduction or plagium.
False imprisonment.
Assault occasioning actual bodily harm or causing injury.
Wilful fire-raising.
An offence under any of the following provisions of the Offences against the Person Act 1861—
section 18 (wounding with intent to cause grievous bodily harm);
section 4 (soliciting etc. to commit murder);
section 20 (causing grievous bodily harm);
section 21 (attempting to choke etc. in order to commit or assist in the committing of any indictable offence);
section 22 (using chloroform etc. to commit or assist in the committing of any indictable offence);
section 23 (maliciously administering poison etc. so as to endanger life or inflict grievous bodily harm);
section 24 (maliciously administering poison etc. with intent to injure etc.);
section 48 (rape).
An offence under any of the following provisions of the Sexual Offences Act 2003—
sections 1 or 2 (rape, assault by penetration);
section 4 (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section;
section 5 or 6 (rape of a child under 13, assault of a child under 13 by penetration);
section 8 (causing or inciting a child under 13 to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused;
section 30 (sexual activity with a person with a mental disorder impeding choice), where the touching involved penetration within subsection (3)(a) to (d) of that section;
section 31 (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused.
The offence of torture under section 134 of the Criminal Justice Act 1988.
An offence under any of the following provisions of the Offences against the Person Act 1861—
section 55 (abduction of unmarried girl under 16);
section 56 (child-stealing or receiving stolen child).
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An offence under any of the following provisions of the Offences against the Person Act 1861—
section 28 (causing bodily injury by gunpowder);
section 29 (causing gunpowder to explode etc. with intent to do grievous bodily harm);
section 30 (placing gunpowder near a building etc. with intent to cause bodily injury).
An offence under any of the following provisions of the Explosive Substances Act 1883—
section 2 (causing explosion likely to endanger life or property);
section 3 (doing any act with intent to cause such an explosion, conspiring to cause such an explosion, or making or possessing explosive with intent to endanger life or property).
An offence under the Taking of Hostages Act 1982.
An offence under section 2 of the Child Abduction Act 1984 (abduction of child by person other than parent etc.) or any corresponding provision in force in Northern Ireland.
The following offences under the Firearms Act 1968—
an offence under section 16 (possession of firearm with intent to injure);
an offence under subsection (1) of section 17 (use of firearm or imitation firearm to resist arrest) involving the use or attempted use of a firearm within the meaning of that section.
The following offences under the Firearms (Northern Ireland) Order 2004—
an offence under Article 58(1) consisting of a person’s having in his possession any firearm or ammunition within the meaning of that Article with intent by that means to endanger life, or to enable another person by that means to endanger life;
an offence under Article 59(1) (use of firearm or imitation firearm to resist arrest) involving the use or attempted use of a firearm within the meaning of that Article.
An offence under section 1(2) of the Criminal Damage Act 1971 (destroying or damaging property intending to endanger life or being reckless as to danger to life).
An offence under Article 3(2) of the Criminal Damage (Northern Ireland) Order 1977 (destroying or damaging property intending to endanger life or being reckless as to danger to life).
An offence under any provision of the Nuclear Material (Offences) Act 1983.
section 2 (causing explosion likely to endanger life or property);
section 3 (doing any act with intent to cause such an explosion, conspiring to cause such an explosion, or making or possessing explosive with intent to endanger life or property).
An offence under Part I of the Aviation Security Act 1982 (other than an offence under section 4 or 7 of that Act)
An offence under Part I of the Protection of Aircraft Act 1973.
An offence under section 1 of the Aviation and Maritime Security Act 1990.
An offence of attempting to commit any offence mentioned in a preceding paragraph of this Schedule.
An offence under Part II of the Aviation and Maritime Security Act 1990 (other than an offence under section 15 of that Act).
An offence under Part II of the Channel Tunnel (Security) Order 1994 No. 570.
An offence under any of sections 15 to 18 of the Terrorism Act 2000.
An offence of conspiring to commit any offence mentioned in a preceding paragraph of this Schedule.
Section 9.