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Amendments to the Extradition Bill

Extradition Bill


AMENDMENTS
TO BE MOVED
IN COMMITTEE


 

Clause 1

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 1, line 6, leave out "in Council" and insert—
"(   )  No order may be made under subsection (1) unless a draft of the order has been laid before Parliament and approved by a resolution of each House."
Page 1, line 6, at end insert "and only applies to persons who have been charged with terrorist offences".
Page 1, line 11, at end insert—
"(   )  "Terrorist offences" means offences involving action which falls within the definition of "terrorism" in section 1 of the Terrorism Act 2000 (c. 11).
(   )  "Terrorism" has the same meaning as in section 1 of the Terrorism Act 2000."
 The above-named Lords give notice of their intention to oppose the Question that Clause 1 stand part of the Bill.
 

Clause 2

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 1, line 16, at end insert "in ordinary language"
Page 2, line 1, leave out "is accused" and insert "faces charges"
Page 2, line 2, leave out "an" and insert "a terrorist"
Page 2, line 5, at end insert "terrorist"
Page 2, line 6, at end insert—
"(   )  The term "for the purpose of being prosecuted for the offence" in paragraph (b) above, is understood to mean—
(i)  that sufficient evidence has already been gathered to bring a prosecution and to commit to trial the person in respect of whom the warrant is issued; and
(ii)  the extradition sought by the requesting state must be only for the purpose of putting the person on trial, and not for the purpose of interrogation or gathering evidence."
Page 2, line 12, leave out from "offence" to end of line 14 and insert "including a description of the circumstances in which the offence was committed, including the time, place and degree of participation in the offence by the requested person, the nature and legal classification of the offence and the applicable statutory provision;"
Page 2, line 20, leave out "an" and insert "a terrorist"
Page 2, line 23, at end insert "terrorist"
Page 2, line 25, after "the" insert "terrorist"
Page 2, line 25, at end insert—
"(   )  The statement referred to in subsections (3) and (5) shall conform with the model warrant annexed to the framework decision."
Page 2, line 45, leave out subsections (9) and (10) and insert—
"(9)  The designated authority is the National Crime Intelligence Service in England and in Scotland the Crown Office.
(10)  For the purposes of subsection (9), further designated authorities can be designated if necessary."
Page 2, line 45, leave out from "is" to end of line 46 and insert "the Secretary of State"
Page 2, line 47, leave out subsection (10)
 The above-named Lords give notice of their intention to oppose the Question that Clause 2 stand part of the Bill.
 

Clause 3

 

THE LORD HODGSON OF ASTLEY ABBOTTS
THE BARONESS ANELAY OF ST JOHNS

Page 3, line 26, at end insert—
"(   )  For the purposes of this section "constable" shall be a constable of the United Kingdom including a constable of the Royal Parks Police and "customs officer" shall be a United Kingdom customs officer."
 The above-named Lords give notice of their intention to oppose the Question that Clause 3 stand part of the Bill.
 

Clause 4

 

THE LORD HODGSON OF ASTLEY ABBOTTS
THE BARONESS ANELAY OF ST JOHNS

Page 3, line 30, leave out "and he asks to be shown the warrant"
Page 3, line 31, after "him" insert "in a language he understands"
Page 3, line 31, leave out "as soon as practicable after his request" and insert "within five hours of his arrest"
 The above-named Lords give notice of their intention to oppose the Question that Clause 4 stand part of the Bill.
 

Clause 5

 

THE LORD HODGSON OF ASTLEY ABBOTTS
THE BARONESS ANELAY OF ST JOHNS

Page 4, line 4, leave out "or will be"
Page 4, line 22, at end insert—
"(   )  For the purposes of this section "constable" shall be a constable of the United Kingdom including a constable of the Royal Parks Police and "customs officer" shall be a United Kingdom customs officer."
 The above-named Lords give notice of their intention to oppose the Question that Clause 5 stand part of the Bill.
 

Clause 6

 

THE LORD HODGSON OF ASTLEY ABBOTTS
THE BARONESS ANELAY OF ST JOHNS

Page 4, line 29, leave out "48" and insert "24"
 The above-named Lords give notice of their intention to oppose the Question that Clause 6 stand part of the Bill.
 

Clause 7

 

THE LORD HODGSON OF ASTLEY ABBOTTS
THE BARONESS ANELAY OF ST JOHNS

Page 5, line 9, leave out "on a balance of probabilities" and insert "beyond reasonable doubt"
Page 5, line 10, at end insert—
"(   )  For the purposes of subsection (3), the burden of proving the person's identity is on the prosecution."
 The above-named Lords give notice of their intention to oppose the Question that Clause 7 stand part of the Bill.
 

Clause 8

 

THE LORD HODGSON OF ASTLEY ABBOTTS
THE BARONESS ANELAY OF ST JOHNS

Page 5, line 34, leave out paragraph (c) and insert—
"(c)  ensure that the person has received independent legal advice about the implications of giving or withholding consent to extradition"
 The above-named Lords give notice of their intention to oppose the Question that Clause 8 stand part of the Bill.
 

Clause 9

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 6, line 19, leave out "(as nearly as may be)"
Page 6, line 27, leave out "(as nearly as may be)"
 The above-named Lords give notice of their intention to oppose the Question that Clause 9 stand part of the Bill.
 

Clause 10

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 6, line 36, leave out "an extradition" and insert "a terrorist"
 The above-named Lords give notice of their intention to oppose the Question that Clause 10 stand part of the Bill.
 

Clause 11

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS

 The above-named Lords give notice of their intention to oppose the Question that Clause 11 stand part of the Bill.
 

Clause 12

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS

Leave out Clause 12 and insert the following new Clause—
   "Rule against double jeopardy (No. 2)
  A person's extradition to a Category 1 territory is barred by reason of the rule against double jeopardy if the judge is satisfied that the person has been finally judged by a Category 1 territory in respect of the same acts and would be entitled to be discharged under the law of that territory."
 The above-named Lords give notice of their intention to oppose the Question that Clause 12 stand part of the Bill.
 

Clause 13

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS

 The above-named Lords give notice of their intention to oppose the Question that Clause 13 stand part of the Bill.
 

Clause 14

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS

 The above-named Lords give notice of their intention to oppose the Question that Clause 14 stand part of the Bill.
 

Clause 15

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS

 The above-named Lords give notice of their intention to oppose the Question that Clause 15 stand part of the Bill.
 

Clause 16

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS

 The above-named Lords give notice of their intention to oppose the Question that Clause 16 stand part of the Bill.
 

Clause 17

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS

 The above-named Lords give notice of their intention to oppose the Question that Clause 17 stand part of the Bill.
 

Clause 18

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 9, line 30, leave out "another" and insert "that other"
 The above-named Lords give notice of their intention to oppose the Question that Clause 18 stand part of the Bill.
 

Clause 19

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS

 The above-named Lords give notice of their intention to oppose the Question that Clause 19 stand part of the Bill.
 

Clause 20

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 10, line 13, leave out from "retrial" to end of line 14 and insert "and to be present at the judgement"
Page 10, line 14, insert new subsection—
"(   )  When determining whether the ground in part (b) above has been made out the issuing country must establish to the court's satisfaction that the person deliberately absented himself."
Page 10, line 26, at end insert—
"(   )  For the purposes of this section, the judge should not regard as a retrial or (on appeal) a review amounting to a retrial, any proceedings that do not include provision for—
(a)  the suspect to be present at the retrial;
(b)  the suspect to recall prosecution witnesses where the prosecution is not obliged to call them again to give evidence;
(c)  the suspect to call defence witnesses; and
(d)  the same right to publicly funded legal services as any suspect or defendant."
 The above-named Lords give notice of their intention to oppose the Question that Clause 20 stand part of the Bill.
 

Clause 21

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS

 The above-named Lords give notice of their intention to oppose the Question that Clause 21 stand part of the Bill.
 

Clause 22

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS

 The above-named Lords give notice of their intention to oppose the Question that Clause 22 stand part of the Bill.
 

Clause 23

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS

 The above-named Lords give notice of their intention to oppose the Question that Clause 23 stand part of the Bill.
 

Clause 24

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS

 The above-named Lords give notice of their intention to oppose the Question that Clause 24 stand part of the Bill.
 

Clause 25

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 12, line 4, at end insert—
"(   )  In discharging his duties under subsection (3) the judge is to have regard to the provisions of section 2 of the Mental Health Act 1983."
 The above-named Lords give notice of their intention to oppose the Question that Clause 25 stand part of the Bill.

 
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©Parliamentary copyright 2003
6 May 2003