Statute Details
- Title: Federal Republic of Germany (Extradition) Order in Council 1960
- Act Code: EA1968-OR2
- Type: Subsidiary legislation (Order in Council)
- Enacting/Authorising Instrument: Made by Her Majesty in Council under powers conferred by the Extradition Acts, 1870 to 1935 (as referenced in the Order)
- Made Date: 3 August 1960
- Laid before Parliament: 9 August 1960
- Commencement/Coming into Operation: 1 September 1960
- Status (as provided): Current version as at 27 March 2026; includes a 2024 Revised Edition (18 December 2024)
- Key Provisions (from extract): Sections 1–3 (application of extradition Acts; territorial scope; citation and commencement)
- Schedules: First Schedule (Agreement text—UK–Germany extradition terms); Second Schedule (reapplied/modified Treaty Articles I–XIV); Third Schedule (Exchange of Notes—entry into force); Fourth Schedule (overseas territories to which the Order extends)
- Related Legislation: Extradition Act 1968 (notably section 3, per the extract); Extradition Act 1968 (general framework)
What Is This Legislation About?
The Federal Republic of Germany (Extradition) Order in Council 1960 is a Singapore-published instrument that gives effect, within the relevant territories, to an extradition arrangement between the United Kingdom and the Federal Republic of Germany. In practical terms, it is not a standalone “extradition code”. Instead, it operates as a bridge between (i) the domestic extradition legislation and (ii) the specific treaty-based terms agreed with Germany.
Extradition is the legal process by which one state surrenders a person to another state for prosecution or punishment for criminal conduct. This Order ensures that the UK extradition framework applies “in the case of the Federal Republic of Germany and Land Berlin (West Berlin)” under and in accordance with the UK–Germany extradition Agreement. The Agreement’s operative content is incorporated by reference into the Order through the Schedules, including the reapplied treaty provisions and the entry-into-force mechanism.
For practitioners, the key point is that the Order is a jurisdictional and incorporation instrument: it identifies the requesting state(s) covered (Germany and West Berlin) and limits the geographical reach to specified territories. It then activates the domestic extradition Acts so that treaty-based extradition can proceed under the established statutory machinery.
What Are the Key Provisions?
Section 1: Application of the Extradition Acts to Germany and West Berlin. Section 1 provides that “The Extradition Acts, 1870 to 1935, shall apply in the case of the Federal Republic of Germany and Land Berlin (West Berlin) under and in accordance with the Agreement.” This is the core operative provision. It does two things: (1) it designates Germany (and West Berlin) as the relevant extradition partner for which the domestic extradition regime should operate; and (2) it ties that operation to the Agreement’s terms, meaning the treaty conditions govern the substantive extradition relationship.
From a legal drafting perspective, this is a classic incorporation-by-reference structure. The Agreement is not reproduced in full in the body of the Order; rather, it is set out in the First Schedule, with further treaty mechanics in the Second Schedule and the entry-into-force confirmation in the Third Schedule. Section 1 therefore signals that the domestic Acts apply, but only “under and in accordance with” the Agreement—an important interpretive constraint for any dispute about whether a request falls within the treaty framework.
Section 2: Territorial limitation of the Order’s operation. Section 2 limits the operation of the Order to “the United Kingdom of Great Britain and Northern Ireland, the Channel Islands, the Isle of Man, and the other territories (including their dependencies) specified in the Fourth Schedule.” This is crucial for determining where the extradition machinery is intended to have effect. Even where the requesting state is Germany, the Order’s jurisdictional reach is not global; it is confined to the territories listed.
For practitioners, this territorial limitation can affect whether an extradition request is procedurally viable in a particular jurisdictional setting. If a request involves a person located in, or conduct connected to, a territory not covered by the Fourth Schedule, the Order may not be the correct instrument to rely on. The Fourth Schedule is therefore a practical checklist for coverage.
Section 3: Citation and commencement. Section 3 provides the short title (“Federal Republic of Germany (Extradition) Order, 1960”) and states that it “shall come into operation on the 1st September, 1960.” While straightforward, commencement matters in extradition practice because it can be relevant to whether the treaty relationship was in force at the time of the alleged offence, the request, or the arrest/surrender steps. The Order’s preamble also confirms that the Agreement was agreed by exchange of notes on 16 July 1960 and would come into force on 1 September 1960.
Schedules: Incorporation of treaty terms and entry into force. The Schedules are where the substantive treaty content is embedded. The First Schedule sets out the Agreement concluded on 23 February 1960 for the extradition of fugitive criminals. The Second Schedule provides that Articles I to XIV of the 1872 UK–Germany Treaty are reapplied with amendments, and it reproduces those amended articles. The Third Schedule contains the Exchange of Notes of 16 July 1960 providing for the Agreement’s entry into force. The Fourth Schedule lists the overseas territories to which the Order extends.
Although the extract does not reproduce the treaty articles themselves, the structure indicates that the Order is designed to ensure continuity and compatibility with the older 1872 treaty framework, updated by the 1960 amendments. Practically, this means that the extradition relationship is governed by a defined set of treaty articles (Articles I–XIV), rather than by ad hoc understandings.
How Is This Legislation Structured?
The Order is structured in a short, operative format with the substantive content placed in schedules. The body contains three numbered provisions:
(1) Section 1 activates the domestic extradition Acts for Germany and West Berlin, subject to the Agreement; (2) Section 2 restricts the Order’s operation to specified territories; and (3) Section 3 provides citation and commencement.
It then relies on four schedules:
First Schedule: the English text of the extradition Agreement (UK–Germany) concluded on 23 February 1960.
Second Schedule: the reapplied and amended treaty articles (Articles I–XIV of the 1872 treaty), reflecting the 1960 amendments.
Third Schedule: the Exchange of Notes (16 July 1960) confirming entry into force on 1 September 1960.
Fourth Schedule: the list of overseas territories to which the Order extends.
In other words, the Order is best read as a “gateway” instrument: it identifies the partner state(s) and territories, and it incorporates the treaty text that supplies the substantive extradition terms.
Who Does This Legislation Apply To?
The Order applies to extradition cases involving the Federal Republic of Germany and Land Berlin (West Berlin), where extradition is sought under the UK–Germany Agreement incorporated by the Schedules. It does not apply to extradition with other states unless there is a separate order or instrument for those states.
Geographically, its effect is limited to the United Kingdom, the Channel Islands, the Isle of Man, and the overseas territories (including dependencies) listed in the Fourth Schedule. Therefore, the practical applicability to a particular person or case depends on where the relevant proceedings occur and whether the jurisdiction is within the territories covered by the Order.
Why Is This Legislation Important?
Although the Order is brief, it is significant because extradition is highly treaty-driven. In practice, a practitioner must be able to show that (i) the requesting state is covered by the applicable extradition arrangement and (ii) the domestic extradition framework is activated for that relationship. Section 1 performs precisely that function for Germany and West Berlin.
Second, the Order’s territorial limitation can be decisive. Extradition proceedings often turn on procedural and jurisdictional questions—where the person is located, where the arrest occurs, and which legal regime governs the surrender process. Section 2, together with the Fourth Schedule, provides the boundary markers for coverage. A failure to confirm territorial applicability can lead to procedural defects or reliance on the wrong instrument.
Third, the incorporation of treaty terms via the Schedules matters for substantive rights and obligations. Extradition law typically involves requirements such as the scope of offences, evidentiary thresholds, and conditions for surrender. Because the Order ties the domestic Acts to the Agreement “under and in accordance with” the treaty, the treaty articles incorporated in the Second Schedule may control how key concepts are interpreted. For example, if a treaty article defines the categories of extraditable offences or procedural steps, that definition will inform how the domestic law is applied.
Finally, the extract indicates that the Order is presented in a “current version” format, including a 2024 Revised Edition. For practitioners, this underscores the importance of checking the version in force at the relevant time and ensuring that any subsequent amendments or consolidation have not altered the operative effect of Sections 1–3 or the content of the schedules.
Related Legislation
- Extradition Act 1968 (notably referenced in the extract as authorising/connected via section 3)
- Extradition Acts 1870 to 1935 (expressly applied by Section 1 of the Order)
Source Documents
This article provides an overview of the Federal Republic of Germany (Extradition) Order in Council 1960 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.