Extradition Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

Clause 71

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 38, line 8, leave out "and he asks to be shown the warrant"
Page 38, line 8, after "it" insert "in ordinary language"
Page 38, line 9, after "him" insert "in a language he understands"
Page 38, line 9, leave out "as soon as practicable after his request" and insert "within five hours of his arrest"
 

Clause 73

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 40, line 3, after "him" insert "in a language he understands"
Page 40, line 3, leave out "as soon as practicable after his request" and insert "within five hours of his arrest"
Page 40, line 18, leave out paragraph (b) and insert—
"(b)  ensure that the person has received independent legal advice about the implications of giving or withholding consent to extradition;"
 

Clause 76

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 41, line 27, leave out "(as nearly as may be)"
Page 41, line 32, leave out "(as nearly as may be)"
Page 41, line 38, leave out "(as nearly as may be)"
 

Clause 77

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 42, line 23, leave out "on a balance of probabilities." and insert "beyond reasonable doubt."
 

Clause 79

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

Leave out Clause 79 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."
 

Clause 84

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 44, line 36, leave out from "retrial" to end of line 37 and insert "and to be present at the judgement"
Page 44, line 37, at end insert—
"(   )  When determining whether the ground in subsection (1)(b) above has been made out, the issuing country must establish to the court's satisfaction that the person deliberately absented himself."
Page 45, line 7, 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 are 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."
 

Clause 90

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 47, line 10, at end insert—
"(   )  In discharging his duties under subsection (3) the judge is to have regard to the provisions of section 2 (admission for assessment) of the Mental Health Act 1983 (c. 20)."
 

Clause 102

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 52, line 14, after "(4)" insert "or (4A)"
Page 52, line 26, at end insert—
"(4A)  The condition is that the Court is satisfied that the principle of habeas corpus had not been applied properly at first instance."
 

Clause 210

 

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

Page 115, line 12, leave out subsection (1) and insert—
"(1)  No Order in Council may be made in respect of any provision of this Act other than section 208 unless a draft of the Order has been laid before and approved by a resolution of each House of Parliament."

 
back to previous page
 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2003
6 May 2003