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Amendments to the Extradition Bill

Extradition Bill


AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE


 

After Clause 1

 

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

Insert the following new Clause—
  "Part 1 warrant: authority to proceed required where offence specified in warrant is not an offence in the United Kingdom
(1)  This section applies when the designated authority receives a Part 1 warrant which specifies that the person in respect of whom the warrant is issued is accused of, or has been convicted of, an offence in a category 1 territory that does not constitute an offence under the law of any part of the United Kingdom.
(2)  When this section applies, the Secretary of State may issue an order giving authority to proceed with the warrant under this Part of this Act.
(3)  When this section applies, a person shall not be dealt with under this Part of this Act except in pursuance of an order of the Secretary of State made under subsection (2).
(4)  The Secretary of State shall make an annual report to both Houses of Parliament on the cases in which he has exercised the discretion conferred on him by subsection (2) to make an order giving authority to proceed.
(5)  The following provisions of this Part are subject to the provisions of this section."
 

Clause 2

 

THE LORD WEDDERBURN OF CHARLTON
THE BARONESS TURNER OF CAMDEN

Page 2, line 37, leave out "it believes that"
Page 2, line 40, after "warrants" insert "after a judicial decision"
Page 2, line 44, after "warrants" insert "after a judicial decision"
Page 2, line 46, at end insert "after approval by affirmative resolution of both Houses of Parliament"
 

Clause 3

 

THE LORD WEDDERBURN OF CHARLTON
THE BARONESS TURNER OF CAMDEN

Page 3, line 26, at end insert—
"(7)  In this section "constable" does not include a prison officer or any other person who has only the powers of a constable."
 

Clause 4

 

THE LORD WEDDERBURN OF CHARLTON
THE BARONESS TURNER OF CAMDEN

Page 3, line 31, at end insert—
"(2A)  The warrant or a copy of it shall be in a language provided for by note (1) to the Annex to the Framework Decision together with, where necessary, a translation in words which the accused person can understand."
Page 3, line 31, at end insert—
"(2B)  Where at the time of the arrest the person asks for an explanation or a translation of statements set out in the warrant, the person making the arrest shall take steps to provide it at that time or as soon as reasonably practicable thereafter."
 

Clause 6

 

THE LORD WEDDERBURN OF CHARLTON
THE BARONESS TURNER OF CAMDEN

Page 4, line 34, leave out "taken to be"
Page 4, line 36, at end insert "immediately"
 

Clause 8

 

THE LORD WEDDERBURN OF CHARLTON
THE BARONESS TURNER OF CAMDEN

Page 5, line 42, leave out "and is irrevocable"
 

Clause 21

 

THE LORD WEDDERBURN OF CHARLTON
THE BARONESS TURNER OF CAMDEN

Page 10, line 31, at end insert "as currently applied in the territory of the issuing authority"
Page 10, line 34, after "decides" insert "beyond reasonable doubt"
 

Clause 65

 

THE LORD WEDDERBURN OF CHARLTON
THE BARONESS TURNER OF CAMDEN

Page 35, line 20, at end insert "as adopted on 13th June 2002"
Page 35, line 25, at end insert—
"(7)  in this section "criminal law" does not include penal and other law relating to administrative and other offences which are punished after proceedings which are not held before a judicial authority."
 

Clause 73

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 40, line 32, leave out paragraph (b)
 

Clause 198

 

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

Page 110, line 13, at end of subsection (4) insert "(including, in particular, the protection of the United Kingdom against threats from espionage, terrorism and sabotage, from the activities of agents of foreign powers and from actions intended to overthrow or undermine parliamentary democracy by political, industrial or violent means and the safeguarding of the economic well-being of the United Kingdom against threats posed by the actions or intentions of persons outside the British Islands.)"
Page 110, line 13, at end insert "or against the interests of the economic well-being of the United Kingdom"
Page 110, line 13, at end insert "or against the interests of the prevention or detection of serious crime"
 

Clause 209

 

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

Page 114, line 33, at end insert—
"(d)  an order under section ("Part 1 warrant: authority to proceed required where offence specified in warrant is not an offence in the United Kingdom")."
Page 115, line 5, at beginning insert "Subject to subsection (5A),"
Page 115, line 7, at end insert—
"(5A)  An order under section 207 which makes provision for any or all of the provisions of this Act to have effect in relation to any extradition proceedings that were commenced when the Extradition Act 1989 (c. 33) was for the time being in force shall not be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament."
 

Clause 210

 

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

Page 115, line 21, leave out subsection (4)

 
 
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©Parliamentary copyright 2003
16 May 2003