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Amendments to the Extradition Bill

Extradition Bill


AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE


 

Clause 1

 

THE LORD GOODHART

Page 1, line 11, at end insert—
"(   )  A territory may not be designated for the purposes of this Part unless it is bound by law not to discriminate against persons resident in other category 1 territories in the grant of bail pending trial."
Page 1, line 11, at end insert—
"(   )  A territory may not be designated for the purposes of this Part unless the territory has accepted the right of individual petition to the European Court of Human Rights or to the Human Rights Committee under the International Covenant on Civil and Political Rights."
 

Clause 4

 

THE LORD GOODHART
THE BARONESS ANELAY OF ST JOHNS

Page 3, line 31, leave out "request" and insert "arrest"
 

Clause 7

 

THE LORD GOODHART

Page 5, line 9, leave out subsection (3)
 

Clause 8

 

THE LORD GOODHART

Page 6, line 6, leave out "are exceptional circumstances" and insert "is good reason"
Page 6, line 7, at end insert—
"(   )  If an application under subsection (1) is made by a party other than the person, the person shall be a respondent to the application."
 

After Clause 21

 

THE LORD GOODHART
THE BARONESS ANELAY OF ST JOHNS

Insert the following new Clause—
  "Minimum procedural rights
(1)  In reaching a decision under section 21(1) the judge shall have particular regard to the person's Convention rights under Article 6.3 of the European Convention on Human Rights.
(2)  For the purposes of subsection (1) the judge may accept a written assurance from an appropriate authority in the category 1 territory in which the warrant was issued that the person's Convention rights under Article 6.3 will be observed.
(3)  Where a written assurance has been given under subsection (2) the Secretary of State shall make arrangements to monitor the future conduct of the proceedings in the category 1 territory to which the person has been extradited.
(4)  If the Secretary of State concludes as a result of monitoring under subsection (3) that the person's Convention rights under Article 6.3 have not been observed he may draw that conclusion to the attention of a judge acting under section 21 in relation to any proceedings for the extradition of any other person to the same category 1 territory."
 

Clause 39

 

THE LORD GOODHART

Page 20, line 5, leave out subsections (9) and (10)
 

Clause 44

 

THE LORD GOODHART

Page 22, line 34, leave out paragraphs (b) and (c)
 

Clause 63

 

THE LORD GOODHART

Page 32, line 10, at end insert—
"(   )  the category 1 territory is a party to the European framework decision;"
 

THE LORD GOODHART
THE BARONESS ANELAY OF ST JOHNS

Page 32, line 17, leave out "12 months" and insert "3 years"
 

Clause 64

 

THE LORD GOODHART

Page 33, line 40, at end insert—
"(   )  the category 1 territory is a party to the European framework decision;"
 

THE LORD GOODHART
THE BARONESS ANELAY OF ST JOHNS

Page 33, line 46, at end insert—
"(   )  the certificate shows that the conduct is punishable under the law of the category 1 territory with imprisonment or another form of detention for a term of 12 months or a greater punishment"
 

Clause 65

 

THE LORD GOODHART

Page 35, line 17, leave out "the appropriate judge believes"
Page 35, line 19, leave out from "in" to the end of line 20 and insert "Schedule (European framework list)"
Page 35, line 20, at end insert—
"(   )  The conduct described in the European framework list as racism and xenophobia shall not be treated as included in that list until the member states of the European Union have adopted a framework decision on racism and xenophobia."
 

THE LORD GOODHART
THE BARONESS ANELAY OF ST JOHNS

Page 35, line 20, at end insert—
"(3A)  The European framework list may be amended by Order in Council.
(3B)  No Order in Council may be made under subsection (3A) unless it has been laid before Parliament and approved by a resolution of each House."
 

Clause 68

 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

Page 36, line 11, at end insert—
"(   )  No Order in Council 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."
 

Clause 70

 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

Page 37, line 31, at end insert—
"(   )  No Order in Council may be made under subsection (4) unless a draft of the order has been laid before Parliament and approved by a resolution of each House."
 

Clause 71

 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

Page 38, line 9, leave out "request" and insert "arrest"
 

Clause 72

 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

Page 39, line 18, at end insert—
"(   )  No Order in Council may be made under subsection (5) unless a draft of the order has been laid before Parliament and approved by a resolution of each House."
 

Clause 73

 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

Page 40, line 34, at end insert—
"(   )  No Order in Council may be made under subsection (10) unless a draft of the order has been laid before Parliament and approved by a resolution of each House."
 

Clause 78

 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

Page 42, line 36, leave out paragraph (c) and insert—
"(c)  injustice and oppression;"
 

Clause 81

 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

Page 43, line 25, at end insert—
"(   )  a person's extradition to a category 2 territory is barred if it appears that because the accusation against him is not made in good faith in the interests of justice it would, having regard to all the circumstances, be unjust or oppressive to return him."
 

Clause 83

 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

Page 44, line 23, at end insert—
"(   )  No Order in Council may be made under subsection (6) unless a draft of the order has been laid before Parliament and approved by a resolution of each House."
 

Clause 85

 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

Page 45, line 30, at end insert—
"(   )  No Order in Council may be made under subsection (6) unless a draft of the order has been laid before Parliament and approved by a resolution of each House."
 

After Clause 86

 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

Insert the following new Clause—
  "Minimum procedural rights (No. 2)
(1)  In reaching a decision under section 86(1) the judge shall have particular regard to the person's Convention rights under Article 6.3 of the European Convention on Human Rights.
(2)  For the purposes of subsection (1) the judge may accept a written assurance from an appropriate authority in the category 2 territory in which the warrant was issued that the person's Convention rights under Article 6.3 will be observed.
(3)  Where a written assurance has been given under subsection (2) the Secretary of State shall make arrangements to monitor the future conduct of the proceedings in the category 2 territory to which the person has been extradited.
(4)  If the Secretary of State concludes as a result of monitoring under subsection (3) that the person's Convention rights under Article 6.3 have not been observed he may draw that conclusion to the attention of a judge acting under section 86 in relation to any proceedings for the extradition of any other person to the same category 2 territory."
 

Clause 93

 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

Page 48, line 13, leave out subsection (3)
 

Clause 207

 

THE LORD GOODHART

Page 114, line 22, at end insert—
"(   )  This Act shall only apply to requests relating to acts committed after 7th August 2002."
 

Clause 210

 

THE LORD GOODHART

Page 115, line 13, after "section" insert "1 or"
Page 115, line 13, after "section" insert "65 or"
Page 115, line 13, after "section" insert "68 or"
Page 115, line 13, after "section" insert "70, 72, 83, 85 or"
Page 115, line 13, after "section" insert "73 or"
 

Before the Schedule

 

THE LORD GOODHART

Insert the following new Schedule—
 "SCHEDULE A1
 EUROPEAN FRAMEWORK LIST
1      Participation in a criminal organisation.
2      Terrorism.
3      Trafficking in human beings.
4      Sexual exploitation of children and child pornography.
5      Illicit trafficking in narcotic drugs and psychotropic substances.
6      Illicit trafficking in weapons, munitions and explosives.
7      Corruption.
8      Fraud, including that affecting the financial interests of the European Communities within the meaning of the Convention of 26th July 1995 on the protection of the European Communities' financial interests.
9      Laundering of the proceeds of crime.
10      Counterfeiting currency, including of the euro.
11      Computer-related crime.
12      Environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties.
13      Facilitation of unauthorised entry and residence.
14      Murder, grievous bodily injury.
15      Illicit trade in human organs and tissue.
16      Kidnapping, illegal restraint and hostage-taking.
17      Racism and xenophobia.
18      Organised or armed robbery.
19      Illicit trafficking in cultural goods, including antiques and works of art.
20      Swindling.
21      Racketeering and extortion.
22      Counterfeiting and piracy of products.
23      Forgery of administrative documents and trafficking therein.
24      Forgery of means of payment.
25      Illicit trafficking in hormonal substances and other growth promoters.
26      Illicit trafficking in nuclear or radioactive materials.
27      Trafficking in stolen vehicles.
28      Rape.
29      Arson.
30      Crimes within the jurisdiction of the International Criminal Court.
31      Unlawful seizure of aircraft or ships.
32      Sabotage."

 
 
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©Parliamentary copyright 2003
15 May 2003