Schedule 1
Crimes of Torture Act 1989
Version as at
1 July 2023
pursuant to article 8 to any of the States mentioned in paragraph 1 of this
article.
3.
This Convention does not exclude any criminal jurisdiction exercised in
accordance with internal law.
Article 6
1.
Upon being satisfied, after an examination of information available to it, that
the circumstances so warrant, any State Party in whose territory a person
alleged to have committed any offence referred to in article 4 is present shall
take him into custody or take other legal measures to ensure his presence. The
custody and other legal measures shall be as provided in the law of that State
but may be continued only for such time as is necessary to enable any criminal
or extradition proceedings to be instituted.
2.
Such State shall immediately make a preliminary inquiry into the facts.
3.
Any person in custody pursuant to paragraph 1 of this article shall be assisted
in communicating immediately with the nearest appropriate representative of
the State of which he is a national, or, if he is a stateless person, with the
representative of the State where he usually resides.
4.
When a State, pursuant to this article, has taken a person into custody, it
shall immediately notify the States referred to in article 5, paragraph 1, of the
fact that such person is in custody and of the circumstances which warrant
his detention. The State which makes the preliminary inquiry contemplated in
paragraph 2 of this article shall promptly report its findings to the said States
and shall indicate whether it intends to exercise jurisdiction.
Article 7
1.
The State Party in the territory under whose jurisdiction a person alleged to
have committed any offence referred to in article 4 is found shall in the cases
contemplated in article 5, if it does not extradite him, submit the case to its
competent authorities for the purpose of prosecution.
2.
These authorities shall take their decision in the same manner as in the case of
any ordinary offence of a serious nature under the law of that State. In the cases
referred to in article 5, paragraph 2, the standards of evidence required for
prosecution and conviction shall in no way be less stringent than those which
apply in the cases referred to in article 5, paragraph 1.
3.
Any person regarding whom proceedings are brought in connection with any
of the offences referred to in article 4 shall be guaranteed fair treatment at all
stages of the proceedings.
Article 8
1.
20
The offences referred to in article 4 shall be deemed to be included as extradit‐
able offences in any extradition treaty existing between States Parties. States