Fugitive Offenders (Bermuda) Order 1967

UNITED KINGDOM STATUTORY INSTRUMENT

SI 1967 No. 1905

[made by Her Majesty-in-Council under the Fugitive Offenders Act 1967]

THE FUGITIVE OFFENDERS (BERMUDA) ORDER 1967

Citation and commencement

1 (1) This Order may be cited as the Fugitive Offenders (Bermuda) Order 1967.

(2) This Order shall come into operation on 1st January, 1968.

[but see section 22 of Act as to commencement]

Interpretation

2 The Interpretation Act 1889 shall apply, with the necessary adaptations, for the purpose of interpreting this Order and otherwise in relation thereto as it applies for the purpose of interpreting, and in rela tion to, Acts of Parliament.

Extension of Fugitive Offenders Act 1967 to Bermuda

3 Sections 1 to 15, inclusive, 19, 20, 21 and 22 of, and Schedules 1 and 2 to, the Fugitive Offenders Act, 1967, modified and adapted as in the Schedule hereto, shall extend to Bermuda:

[proviso relating to Southern Rhodesia omitted]

Revocation

4 [omitted]

SCHEDULE TO THE ORDER

Provisions of the Fugitive Offenders Act 1967 as extended to Bermuda.

Return of offenders to the United Kingdom, Commonwealth countries, the Republic of Ireland and dependencies.

Persons liable to be returned

1 Subject to the provisions of this Act, a person found in Bermuda who is accused of a relevant offence in any other country being—

(a) the United Kingdom; or

(b) a Commonwealth country designated for the purposes of this section under section 2(1) of this Act, or the Repub lic of Ireland; or

or who is alleged to be unlawfully at large after conviction of such an of fence in any such country, may be arrested and returned to that country as provided by this Act.

Designated Commonwealth countries and United Kingdom depen dencies

2 (1) The Governor may, with the approval of the Secretary of State, by order designate for the purposes of section 1 of this Act any country for the time being mentioned in [Schedule 3 of the British Nation ality Act 1981] (countries having separate citizenship), or any other country within the Commonwealth; and any country so designated is in this Act referred to as a designated Commonwealth country.

(2) In this Act the expression "United Kingdom dependency" means—

(a) any colony (not being a colony for whose external rela tions a country other than the United Kingdom is re sponsible);

(b) any associated state within the meaning of the West In dies Act 1967; and

which She extends protection, in right of Her Govern ment in the United Kingdom) to which the Governor may, with the approval of the Secretary of State, by or der apply this subsection,

not being in any case a coun try which is or forms part of a designated Common wealth country.

(3) The Governor may, with the approval of the Secretary of State, by order direct that this Act shall have effect in relation to the re turn of persons to, or in relation to persons returned from, the United Kingdom, any designated Commonwealth country, the Republic of Ire land or any United Kingdom dependency subject to such exceptions, adaptations or modifications as may be specified in the order.

(4) For the purposes of any order under subsection (1) of this section, any territory for the external relations of which a Commonwealth country is responsible may be treated as part of that country or, if the Government of that country so requests, as a separate country.

Relevant offences

3 (1) For the purposes of this Act an offence of which a person is accused or has been convicted in the United Kingdom or a designated Commonwealth country or the Republic of Ireland or a United Kingdom dependency is a relevant offence if—

(a) in the case of an offence against the law of a designated Commonwealth country or the Republic of Ireland, it is an offence which, however described in that law, falls within any of the descriptions set out in Schedule 1 to this Act, and is punishable under that law with impris onment for a term of twelve months or any greater pun ishment;

(b) in the case of an offence against the law of the United Kingdom or a United Kingdom dependency, it is punish able under that law, on conviction by or before a supe rior court, with imprisonment for a term of twelve months or any greater punishment; and

(c) in any case, the act or omission constituting the offence, or the equivalent act or omission, would constitute an offence against the law of Bermuda if it took place within Bermuda or, in the case of an extra-territorial offence, in corresponding circumstances outside Bermuda.

(2) In determining for the purposes of this section whether an offence against the law of a designated Commonwealth country or the Republic of Ireland falls within a description set out in Schedule 1 to this Act, any special intent or state of mind or special circumstances of ag gravation which may be necessary to constitute that offence under the law shall be disregarded.

(3) The descriptions set out in Schedule 1 to this Act include in each case offences of attempting or conspiring to commit, of assisting, counselling or procuring the commission of or being accessory before or after the fact to the offences therein described, and of impeding the ap prehension or prosecution of persons guilty of those offences.

(4) References in this section to the law of any country include references to the law of any part of that country.

General restrictions on return

4 (1) A person shall not be returned under this Act to a desig nated Commonwealth country or the Republic of Ireland, or committed to or kept in custody for the purposes of such return, if it appears to the Governor, to the court of committal or to the Supreme Court on an appli cation for habeas corpus—

(a) that the offence of which that person is accused or was convicted is an offence of a political character;

(b) that the request for his return (though purporting to be made on account of a relevant offence) is in fact made for the purpose of prosecuting or punishing him on ac count of his race, religion, nationality or political opin ions; or

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

(2) A person accused of an offence shall not be returned under this Act to any country, or committed to or kept in custody for the pur poses of such return, if it appears as aforesaid that if charged with that offence in Bermuda he would be entitled to be discharged under any rule of law relating to previous acquittal or conviction.

(3) A person shall not be returned under this Act to any coun try, or committed to or kept in custody for the purposes of such return,

unless provision is made by the law of that country, or by an arrange ment made with that country, for securing that he will not, unless he has first been restored or had an opportunity of returning to Bermuda, be dealt with in that country for or in respect of any offence committed be fore his return under this Act other than—

(a) the offence in respect of which his return under this Act is requested;

(b) any lesser offence proved by the facts proved before the court of committal; or

(4) Any such arrangement as is mentioned in subsection (3) of this section may be an arrangement made for the particular case or an arrangement of a more general nature; and for the purposes of that sub section a certificate issued by or under the authority of the Governor confirming the existence of an arrangement with any country and stating its terms shall be conclusive evidence of the matters contained in the certificate.

(5) The reference in this section to an offence of a political character does not include an offence against the life or person of the Head of the Commonwealth or any related offence described in section 3 (3) of this Act.

Proceedings for return

Authority to proceed

5 (1) Subject to the provisions of this Act relating to provi sional warrants, a person shall not be dealt with thereunder except in pursuance of an order of the Governor (in this Act referred to as an au thority to proceed), issued in pursuance of a request made to the Gover nor by or on behalf of the Government, in the case of the United King dom, the Republic of Ireland or a designated Commonwealth country, or the Governor in the case of a United Kingdom dependency, of the coun try in which the person to be returned is accused or was convicted.

(2) There shall be furnished with any request made for the purposes of this section on behalf of any country—

(a) in the case of a person accused of an offence, a warrant for his arrest issued in that country;

(b) in the case of a person unlawfully at large after convic tion of an offence, a certificate of the conviction and sentence in that country, and a statement of the amount if any of that sentence which has been served,

together (in each case) with particulars of the person whose return is re quested and of the facts upon which and the law under which he is ac cused or was convicted, and evidence sufficient to justify the issue of a warrant for his arrest under section 6 of this Act.

(3) On receipt of such a request the Governor may issue an authority to proceed unless it appears to him that an order for the return of the person concerned could not lawfully be made, or would not in fact be made, in accordance with the provisions of this Act.

Arrest for purposes of committal

6 (1) A warrant for the arrest of a person accused of a relevant offence, or alleged to be unlawfully at large after conviction of such an offence, may be issued —

(a) on the receipt of an authority to proceed, by a magistrate in any part of Bermuda;

(b) without such an authority, by a magistrate in any part of Bermuda, upon information that the said person is or is believed to be in or on his way to Bermuda;

and any warrant issued by virtue of paragraph (b) above is in this Act referred to as a provisional warrant.

(2) A warrant of arrest under this section may be issued upon such evidence as would, in the opinion of the magistrate, authorize the issue of a warrant for the arrest of a person accused of committing a cor responding offence or, as the case may be, of a person alleged to be un lawfully at large after conviction of an offence, within the jurisdiction of the magistrate.

(3) Where a provisional warrant is issued under this section, the authority by whom it is issued shall forthwith give notice to the Gov ernor, and transmit to him the information and evidence, or certified copies of the information and evidence, upon which it was issued; and the Governor may in any case, and shall if he decides not to issue an authority to proceed in respect of the person to whom the warrant re lates, by order cancel the warrant and, if that person has been arrested thereunder, discharge him from custody.

(4) A warrant of arrest issued under this section may be exe cuted in any part of Bermuda and may be executed by any person to

whom it is directed or by any police officer.

(5) Where a warrant is issued under this section for the arrest of a person accused of an offence of stealing or receiving stolen property or any other offence in respect of property, a magistrate or justice of the peace in any part of Bermuda shall have the like power to issue a war rant to search for the property as if the offence had been committed within the jurisdiction of the magistrate or justice.

Proceedings for committal

7 (1) A person arrested in pursuance of a warrant under section 6 of this Act shall (unless previously discharged under subsection (3) of that section) be brought as soon as practicable before a court (in this Act referred to as the court of committal) consisting of a magistrate.

(2) For the purposes of proceedings under this section a court of committal consisting of a magistrate shall have the like jurisdiction and powers, nearly as may be, including power to remand in custody or on bail, as a magistrates' court acting as examining justices.

(3) Where the person arrested is in custody by virtue of a provi sional warrant and no authority to proceed has been received in respect of him, the court of committal may fix a reasonable period (of which the court shall give notice to the Governor) after which he will be discharged from custody unless such an authority has been received.

(4) Where an authority to proceed has been issued in respect of the person arrested and the court of committal is satisfied, after hearing any evidence tendered in support of the request for the return of that person or on behalf of that person, that the offence to which the author ity relates is a relevant offence and is further satisfied—

(a) where that person is accused of the offence, that the evi dence would be sufficient to warrant his trial for that of fence if it had been committed within the jurisdiction of the court;

(b) where that person is alleged to be unlawfully at large after conviction of the offence, that he has been so con victed and appears to be so at large,

the court shall, unless his committal is prohibited by any other provision of this Act, commit him to custody to await his return thereunder; but if the court is not so satisfied or if the committal of that person is so pro hibited, the court shall discharge him from custody.

Application for habeas corpus, etc

8 (1) Where a person is committed to custody under section 7 of this Act, the court shall inform him in ordinary language of his right to make an application for habeas corpus, and shall forthwith give notice of the committal to the Governor.

(2) A person committed to custody under the said section 7 shall not be returned under this Act—

(a) in any case, until the expiration of the period of fifteen days beginning with the day on which the order for his committal is made;

(b) if an application for habeas corpus is made in his case, so long as proceedings on that application are pending.

(3) On any such application the Supreme Court may, without prejudice to any other jurisdiction of the court, order the person com mitted to be discharged from custody if it appears to the court that—

(a) by reason of the trivial nature of the offence of which he is accused or was convicted; or

(b) by reason of the passage of time since he is alleged to have committed it or to have become unlawfully at large, as the case may be; or

it would, having regard to all the circumstances, be unjust or oppressive to return him.

(4) On any such application the Supreme Court may receive additional evidence relevant to the exercise of their jurisdiction under section 4 of this Act or under subsection (3) of this section.

(5) For the purposes of this section proceedings on an applica tion for habeas corpus shall be treated as pending until any appeal in those proceedings to the Court of Appeal for Bermuda is disposed of; and an appeal shall be treated as disposed of at the expiration of the time within which the appeal may be brought or, where leave to appeal is re quired, within which the application for leave may be made, if the appeal is not brought or the application made within that time.

Order for return to requesting country

9 (1) Where a person is committed to await his return and is not discharged by order of the Supreme Court, the Governor may by

warrant order him to be returned to the country by which the request for his re turn was made unless the return of that person is prohibited, or prohib ited for the time being, by section 4 of this Act or this section, or the Governor decides under this section to make no such order in his case.

(2) An order shall not be made under this section in the case of a person who is serving a sentence of imprisonment or detention, or is charged with an offence, in Bermuda—

(a) in the case of a person serving such a sentence, until the sentence has been served;

(b) in the case of a person charged with an offence, until the charge is disposed of or withdrawn and, if it results in a sentence of imprisonment (not being a suspended sen tence), until the sentence has been served.

(3) The Governor shall not make an order under this section in the case of any person if it appears to the Governor, on the grounds mentioned in section 8 (3) of this Act, that it would be unjust or oppres sive to return that person, and may decide to make no order under this section in the case of a person accused or convicted of an offence in the United Kingdom or a United Kingdom dependency if he considers, on any such grounds as are mentioned in paragraphs (a) to (c) of section 4 (1) of this Act, that the order ought not to be made.

(4) The Governor may decide to make no order under this sec tion in the case of a person accused or convicted of a relevant offence not punishable with death in Bermuda if that person could be or has been sentenced to death for that offence in the country by which the request for his return is made.

(5) The Governor may decide to make no order under this sec tion for the return of a person committed in consequence of a request made on behalf of any country if another request for his return under this Act, or a requisition for his surrender under the Extradition Act 1870, has been made on behalf of another country and it appears to the Governor, having regard to all the circumstances of the case and in par ticular—

(a) the relative seriousness of the offences in question;

(b) the date on which each such request or requisition was made; and

that preference should be given to the other request or requisition.

(6) Notice of the issue of a warrant under this section shall forthwith be given to the person to be returned thereunder.

Discharge in case of delay in returning

10 (1) If any person committed to await his return is in custody in Bermuda under this Act after the expiration of the following period, that is to say—

(a) in any case, the period of two months beginning with the first day on which, having regard to section 8 (2) of this Act, he could have been returned;

(b) where a warrant for his return has been issued under section 9 of this Act, the period of one month beginning with the day on which that warrant was issued,

he may apply to the Supreme Court for his discharge.

(2) If upon any such application the court is satisfied that rea sonable notice of the proposed application has been given to the Gover nor, the court may, unless sufficient cause is shown to the contrary, by order direct the applicant to be discharged from custody and, if a war rant for his return has been issued under the said section 9, quash that warrant.

Evidence

11 (1) In any proceedings under this Act, including proceedings on an application for habeas corpus in respect of a person in custody there under—

(a) a document, duly authenticated, which purports to set out evidence given on oath in the United Kingdom or a designated Commonwealth country or the Republic of Ireland or a United Kingdom dependency (other than Bermuda) shall be admissible as evidence of the matters stated therein;

(b) a document, duly authenticated, which purports to have been received in evidence, or to be a copy of a document so received, in any proceeding in any such country or dependency shall be admissible in evidence;

(c) a document, duly authenticated, which certifies that a person was convicted on a date specified in the docu-
ment of an offence against the law of or of part of any such country or dependency shall be admissible as evi dence of the fact and date of the conviction.

(2) A document shall be deemed to be duly authenticated for the purposes of this section—

(a) in the case of a document purporting to set out evidence given as aforesaid, if the document purports to be certi fied by a judge or magistrate or officer in or of the coun try or dependency in question to be the original docu ment containing or recording that evidence or a true copy of such a document;

(b) in the case of a document which purports to have been received in evidence as aforesaid or to be a copy of a document so received, if the document purports to be certified as aforesaid to have been, or to be a true copy of a document which has been, so received;

(c) in the case of a document which certifies that a person was convicted as aforesaid, if the document purports to be certified as aforesaid,

and in any such case the document is authenticated either by the oath of a witness or by the official seal of the Secretary of State or of a Minister of the designated Commonwealth country or of the Republic of Ireland or of the Governor or a Minister, secretary or other officer administering a department of the Government of the dependency, as the case may be.

(3) In this section "oath" includes affirmation or declaration; and nothing in this section shall prejudice the admission in evidence of any document which is admissible in evidence apart from this section.

Custody

12 (1) Any person remanded or committed to custody under sec tion 7 of this Act shall be committed to the like institution as a person charged with an offence before the court of committal.

(2) If any person who is in custody by virtue of a warrant under this Act escapes out of custody, he may be retaken in any part of Bermuda in like manner as a person escaping from custody under a war rant for his arrest issued in that part in respect of an offence committed therein.

(3) A warrant under section 9 of this Act for the return of any person to any country shall be sufficient authority for all persons to whom it is directed and all police officers to receive that person, keep him in custody and convey him into the jurisdiction of that country.

Form of warrants and orders

13 (1) Any warrant or order to be issued or made by the Governor under any of the foregoing provisions of this Act shall be given under the hand of the Governor or the [Deputy Governor].

(2) The Governor may by order prescribe the form of any war rant or order to be issued or made under the foregoing provisions of this Act.

Treatment of persons returned from the United Kingdom, Commonwealth countries, the Republic of Ireland and United Kingdom dependencies

Restriction upon proceedings for other offences

14 (1) This section applies to any person accused or convicted of an offence under the law of Bermuda who is returned to Bermuda—

(a) from the United Kingdom, under the Act;

(b) from any designated Commonwealth country or from the Republic of Ireland under any law of that country corre sponding with the Act;

(2) A person to whom this section applies shall not, during the period described in subsection (3) of this section, be dealt with in Bermuda for or in respect of any offence committed before he was re turned to Bermuda other than—

(a) the offence in respect of which he was returned;

(b) any lesser offence proved by the facts proved for the purposes of securing his return; or

(c) any other offence in respect of which the Government of the country or Governor of the dependency from which he was returned may consent to his being dealt with.

(3) The period referred to in subsection (2) of this section in relation to a person to whom this section applies is the period beginning with the day of his arrival in Bermuda on his return as mentioned in subsection (1) of this section and ending forty-five days after the first
subsequent day on which he has the opportunity to leave Bermuda.

Restoration of persons not tried or acquitted

15 (1) This section applies to any person accused of an offence under the law of Bermuda who is returned to Bermuda as mentioned in section 14 (1) of this Act.

(2) If in the case of a person to whom this section applies, ei ther—

(a) proceedings against him for the offence for which he was returned are not begun within the period of six months beginning with the day of his arrival in Bermuda on be ing returned; or

(b) on his trial for that offence, he is acquitted or discharged absolutely or conditionally,

the Governor may, if he thinks fit, on the request of that person, arrange for him to be sent back free of charge and with as little delay as possible to the country from which he was returned.

[sections 16 to 18 do not extend to Bermuda]

Supplemental

Interpretation

19 (1) In this Act the following expressions have the meanings hereby signed to them that is to say—

"Act" means, in relation to the United Kingdom, the Fugitive Of fenders Act, 1967 and, in relation to Bermuda or to any other United Kingdom dependency, that Act as extended to Bermuda or, as the case may be, to that other dependency;

"application for habeas corpus" means an application for a writ of habeas corpus ad subjiciendum;

"country" includes any territory;

"dealt with" means tried or returned or surrendered to any country or detained with a view to trial or with a view to such return or surrender;

"designated Commonwealth country" and "United Kingdom de pendency" have the meanings assigned by section 2 of this Act;

"Governor", in relation to any country other than Bermuda or a country mentioned in subsection (2) of this section, means the person or persons administering the government of that country;

"Governor", in relation to Bermuda, means the Governor of Bermuda and includes any person or persons administering the government of Bermuda;

"imprisonment" includes detention of any description;

"race" includes tribe;

"Supreme Court" means the Supreme Court of Bermuda;

"United Kingdom" includes the Channel Islands and the Isle of Man.

(2) In this Act references to the Governor shall be construed—

(a) [revoked]

(b) in relation to Brunei as references to the Government of Brunei;

(d) [revoked]

(e) in relation to Tonga as references to the Premier of Tonga.

(3) For the purposes of this Act a person convicted of an of fence in his absence shall be treated as a person accused of that offence.

Power to revoke or vary orders

20 Any power to make an order under this Act includes power to re voke or vary such an order by a subsequent order.

Repeals and transitional provisions

21 [omitted]

Commencement

22 (1) The provisions of this Act other than this section shall come into force on such date as the Governor may by order appoint.

(2) Different dates may be appointed under this section for dif-
ferent provisions of this Act, and different dates may be so appointed for any such provision or provisions in relation to different countries.

[sections 1 to 15 inclusive, 19, 21 and 22 and Schedules 1 and 2 were brought into force in Bermuda on 7 February 1968 by Bermuda SR&O 1968/4; and section 20 was brought into force in Bermuda on 14 Septem ber 1968 by Bermuda SR&O 1968/83]

SCHEDULES

SCHEDULE 1 (section 3)

DESCRIPTION OF RELEVANT OFFENCES IN DESIGNATED COMMON WEALTH COUNTRIES OR THE REPUBLIC OF IRELAND

1 Murder of any degree.

2 Manslaughter or culpable homicide.

3 An offence against the law relating to abortion.

4 Maliciously or wilfully wounding or inflicting grievous bodily harm.

5 Assault occasioning actual bodily harm.

6 Rape.

7 Unlawful sexual intercourse with a female.

8 Indecent assault.

9 Procuring, or trafficking in, women or young persons for immoral purposes.

10 Bigamy.

11 Kidnapping, abduction or false imprisonment, or dealing in slaves.

12 Stealing, abandoning, exposing or unlawfully detaining a child.

13 Bribery.

14 Perjury or subornation of perjury or conspiring to defeat the course of justice.

15 Arson or fire-raising.

16 An offence concerning counterfeit currency.

17 An offence against the law relating to forgery.

18 Stealing, embezzlement, fraudulent conversion, fraudu lent false accounting, obtaining property or credit by false pretences, receiving stolen property or any other offence in respect of property involving fraud.

19 Burglary, housebreaking or any similar offence.

20 Robbery.

21 Blackmail or extortion by means of threats or by abuse of authority.

22 An offence against bankruptcy law or company law.

23 Malicious or wilful damage to property.

24 Acts done with the intention of endangering vehicles, vessels or aircraft.

25 An offence against the law relating to dangerous drugs or narcotics.

26 Piracy.

27 Revolt against the authority of the master of a ship or the commander of an aircraft.

28 Contravention of import or export prohibitions relating to precious stones, gold and other precious metals.

29 Genocide.

SCHEDULE 2 (section 21)

[omitted]

[Amended by
UK SI 1968 No. 292
UK SI 1968 No. 1375
UK SI 1968 No. 1696
UK SI 1970 No. 148
UK SI 1977 No. 47]

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Bermuda Consolidated Legislation

Fugitive Offenders (Bermuda) Order 1967