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Amendments to the Extradition Bill

Extradition Bill


AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE


 

Before Clause 1

 

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

Insert the following new Clause—
  "Purpose of this Act
  The purpose of this Act is to make provision about extradition and to give effect to the Council Framework Decision of 13 June 2002, on the European arrest warrant and the surrender procedures between Member States"
 

Clause 1

 

THE LORD GOODHART

Page 1, line 11, leave out "under the general criminal law of the territory"
 

Clause 4

 

THE BARONESS CARNEGY OF LOUR
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 3, line 3, at end insert—
"(   )  The reference in subsection (3) to the first day after he is taken into custody shall not include a Saturday, a Sunday or a court holiday prescribed for that court under section 8 of the Criminal Procedure (Scotland) Act 1995 (c. 46); but nothing in this subsection shall prevent a person being brought before the court on a Saturday, a Sunday or such a court holiday where the court is, in pursuance of the said section 8, sitting on such day for the disposal of criminal business."
 

THE LORD GOODHART

Page 3, line 30, leave out "shown" and insert "given"
 

THE BARONESS CARNEGY OF LOUR
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 3, line 32, leave out "as soon as practicable" and insert—
  "not later than the first day after he is taken into custody"
 

Clause 5

 

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

Page 4, line 3, leave out "reason to believe" and insert "reasonable grounds for believing"
 

Clause 6

 

THE BARONESS CARNEGY OF LOUR
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 4, line 29, leave out from first "is" to the end of line 30 and insert—
  "not later than the first day after he is taken into custody.
"(   )  The reference in subsection (3) to the first day after he is taken into custody shall not include a Saturday, a Sunday or a court holiday prescribed for that court under section 8 of the Criminal Procedure (Scotland) Act 1995 (c. 46); but nothing in this subsection shall prevent a person being brought before the court on a Saturday, a Sunday or such a court holiday where the court is, in pursuance of the said section 8, sitting on such day for the disposal of criminal business."
 

Clause 8

 

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

Page 6, line 6, leave out "and this subsection may apply more than once"
 

Clause 14

 

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

Page 8, line 5, leave out from "offence" to end of line 6
 

Clause 17

 

THE LORD GOODHART

Page 9, line 7, leave out paragraphs (d) and (e)
 

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

Page 9, line 7, leave out paragraphs (d) and (e)
 

Clause 40

 

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

Page 20, line 25, at end insert "by a recorded delivery letter"
 

Clause 53

 

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

Page 27, line 13, at end insert—
"(   )  The judge must satisfy himself that the suspect has been notified of the second request and has an opportunity to make meaningful representations at the consent hearing, either in person or through his legal representatives."
 

THE LORD GOODHART

Page 27, line 13, at end insert—
"(   )  The judge must satisfy himself that the suspect has been notified of the second request and has an opportunity to make representations at the consent hearing, either in person or through his legal representatives."
 

Clause 54

 

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

Page 27, line 31, at end insert—
"(   )  The judge must satisfy himself that the suspect has been notified of the second request and has an opportunity to make meaningful representations at the consent hearing, either in person or through his legal representatives."
 

Clause 55

 

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

Page 28, line 17, at end insert—
"(   )  The judge must satisfy himself that the suspect has been notified of the second request and has an opportunity to make meaningful representations at the consent hearing either in person or through his legal representatives."
 

THE LORD GOODHART

Page 28, line 17, at end insert—
"(   )  The judge must satisfy himself that the suspect has been notified of the second request and has an opportunity to make representations at the consent hearing, either in person or through his legal representatives"
 

Clause 56

 

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

Page 28, line 36, at end insert—
"(   )  The judge must satisfy himself that the suspect has been notified of the second request and has an opportunity to make meaningful representations at the consent hearing either in person or through his legal representatives."
 

Clause 57

 

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

Page 29, line 23, at end insert—
"(   )  The judge must satisfy himself that the suspect has been notified of the second request and has an opportunity to make meaningful representations at the consent hearing either in person or through his legal representatives."
 

THE LORD GOODHART

Page 29, line 35, at end insert—
"(13)  The Secretary of State must satisfy himself that the suspect has been notified of the second request and has had an opportunity to make representations either in person or through his legal representatives.
(14)  If the Secretary of State is not satisfied that the requirements of subsection (13) have been met he must refuse his consent."
 

Clause 66

 

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

Page 35, line 28, at beginning insert "subject to subsection (1A),"
Page 35, line 32, at end insert—
"(1A)  The Lord Chancellor shall not designate a District Judge (Magistrates' Courts) under subsection (1)(a) unless that person has followed a course of training and development covering the matters dealt with in this Act."
 

Clause 70

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 37, line 16, leave out "it appears to the judge" and insert "the judge has reasonable grounds for believing"
 

Clause 71

 

THE LORD GOODHART

Page 38, line 7, leave out "shown" and insert "given"
 

THE BARONESS CARNEGY OF LOUR
THE VISCOUNT BRIDGEMAN

Page 38, line 10, leave out "as soon as practicable" and insert—
  "not later than the first day after he is taken into custody"
Page 38, line 11, at end insert—
"(   )  The reference in subsection (3) to the first day after he is taken into custody shall not include a Saturday, a Sunday or a court holiday prescribed for that court under section 8 of the Criminal Procedure (Scotland) Act 1995 (c. 46); but nothing in this subsection shall prevent a person being brought before the court on a Saturday, a Sunday or such a court holiday where the court is, in pursuance of the said section 8, sitting on such day for the disposal of criminal business."
Page 38, line 12, at end insert—
"(za)  in Scotland, the officer in charge of a police station has liberated the person upon a written undertaking, signed by that person and certified by the officer, in terms of which the person undertakes to appear at a specified court at a specified time."
Page 38, line 13, at beginning insert "in England, Wales and Northern Ireland,"
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 38, line 21, 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;"
 

THE BARONESS CARNEGY OF LOUR
THE VISCOUNT BRIDGEMAN

Page 38, line 29, at end insert—
"(   )  In Scotland, a person in breach of an undertaking given by him under subsection (4) above without reasonable excuse shall be guilty of an offence and liable on summary conviction to—
(a)  a fine not exceeding level 3 on the standard scale; and
(b)  imprisonment for a period not exceeding 3 months.
(   )  In any proceedings relating to an offence under this section, a writing purporting to be such an undertaking as is mentioned in subsection (4)(za) above and bearing to be signed and certified, shall be sufficient evidence of the terms of the undertaking given by the arrested person."
Page 38, line 30, leave out subsection (9)
 

Clause 73

 

THE BARONESS CARNEGY OF LOUR
THE VISCOUNT BRIDGEMAN

Page 40, line 4, leave out "as soon as practicable" and insert—
  "not later than the first day after he is taken into custody"
Page 40, line 5, at end insert—
"(   )  The reference in subsection (3) to the first day after he is taken into custody shall not include a Saturday, a Sunday or a court holiday prescribed for that court under section 8 of the Criminal Procedure (Scotland) Act 1995 (c. 46); but nothing in this subsection shall prevent a person being brought before the court on a Saturday, a Sunday or such a court holiday where the court is, in pursuance of the said section 8, sitting on such day for the disposal of criminal business."
Page 40, line 6, at end insert—
"(za)  in Scotland, the officer in charge of a police station has liberated the person upon a written undertaking, signed by that person and certified by the officer, in terms of which the person undertakes to appear at a specified court at a specified time,"
Page 40, line 7, at beginning insert "in England, Wales and Northern Ireland,"
Page 40, line 34, at end insert—
"(   )  In Scotland, a person in breach of an undertaking given by him under subsection (4) above without reasonable excuse shall be guilty of an offence and liable on summary conviction to—
(a)  a fine not exceeding level 3 on the standard scale; and
(b)  imprisonment for a period not exceeding 3 months.
(   )  In any proceedings relating to an offence under this section, a writing purporting to be such an undertaking as is mentioned in subsection (4)(za) above and bearing to be signed and certified, shall be sufficient evidence of the terms of the undertaking given by the arrested person."
Page 40, line 35, leave out subsection (11)
 

Clause 74

 

THE BARONESS CARNEGY OF LOUR
THE VISCOUNT BRIDGEMAN

Page 41, line 2, leave out "2 months" and insert "40 days"
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 41, line 6, leave out "and this subsection may apply more than once"
 

Clause 81

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 43, line 24, leave out from "offence" to end of line 25
 

Clause 85

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 45, line 33, leave out "(except that for this purpose evidence from a single source shall be sufficient)"
 

Clause 91

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 47, line 14, after "language" insert "which he understands"

 
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22 May 2003