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

House of Lords

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Clause 98

 

THE BARONESS CARNEGY OF LOUR
THE VISCOUNT BRIDGEMAN

Page 49, line 39, leave out "2 months" and insert "40 days"
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 50, line 30, leave out "and this subsection may apply more than once"
 

Clause 99

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 50, line 35, after "language" insert "which he understands"
 

Clause 125

 

THE BARONESS CARNEGY OF LOUR
THE VISCOUNT BRIDGEMAN

Page 64, line 42, at end insert—
"(   )  In the application of this section to Scotland, "counsel" includes a solicitor who has a right of audience in the High Court of Justiciary under section 25A (rights of audience in various courts including the High Court of Justiciary) of the Solicitors (Scotland) Act 1980 (c. 46)."
 

Clause 127

 

THE LORD GOODHART

Page 65, line 31, leave out "section 93" and insert "sections 78, 86, 93, 94 and 95"
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 65, line 35, at end insert—
"(   )  The Secretary of State 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 65, line 35, at end insert—
"(8)  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.
(9)  If the Secretary of State is not satisfied that the requirements of subsection (8) have been met he must refuse his consent."
 

Clause 128

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 66, line 14, leave out "section 93" and insert "sections 78, 93, 94 and 95"
Page 66, line 18, at end insert—
"(   )  The Secretary of State 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 66, line 18, at end insert—
"(8)  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.
(9)  If the Secretary of State is not satisfied that the requirements of subsection (8) have been met he must refuse his consent."
 

Clause 129

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 66, line 43, at end insert—
"(   )  The Secretary of State 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 66, line 43, at end insert—
"(8)  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.
(9)  If the Secretary of State is not satisfied that the requirements of subsection (8) have been met he must refuse his consent."
 

Clause 139

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 73, line 26, at beginning insert "subject to subsection (1A),"
Page 73, line 30, 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 149

 

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

Page 78, line 39, at beginning insert "subject to subsection (1A),"
Page 78, line 44, 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 155

 

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

Page 81, line 27, at end insert—
"(   )  and that there are reasonable grounds for believing that the material is located in the premises specified in the application."
 

Clause 160

 

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

Page 86, line 11, after "anything" insert "(other than items subject to legal privilege)"
 

Clause 161

 

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

Page 87, line 2, at end insert—
"(   )  and is exercisable only if there are reasonable grounds for believing that it is necessary to seize the item in order to prevent it being concealed, lost, damaged, altered or destroyed."
 

Clause 163

 

THE BARONESS CARNEGY OF LOUR
THE BARONESS ANELAY OF ST JOHNS

Page 88, line 39, after "if" insert—
"(a)  in Scotland, a Sheriff, on application made to him by a Procurator Fiscal, and if satisfied that there are reasonable grounds for believing that it is necessary to seize the item to prevent it being concealed, lost, damaged, altered or destroyed, has given written authorisation for the exercise of these powers; or
(b)  in England, Wales and Northern Ireland"
Page 89, line 3, leave out "subsections (8) and (9) do" and insert "subsection (9) does"
 

After Clause 172

 

THE BARONESS CARNEGY OF LOUR
THE BARONESS ANELAY OF ST JOHNS

Insert the following new Clause—
  "Code of practice in Scotland
(1)  The Scottish Ministers must issue codes of practice in connection with—
(a)  the exercise of the powers conferred by this Part;
(b)  the retention, use and return of anything seized or produced under this Part;
(c)  access to and the taking of photographs and copies of anything so seized or produced.
(2)  If the Scottish Ministers propose to issue a code of practice under this section, they must—
(a)  publish a draft of the code;
(b)  consider any representations made to them about the draft;
(c)  if they think it appropriate, modify the draft in light of any such representations.
(3)  The Scottish Ministers must lay the code before the Scottish Parliament.
(4)  When they have done so they may bring the code into operation by Order.
(5)  The Scottish Ministers may revise the whole or any part of a code issued under this section and issue the code as revised; and subsections (2) and (4) apply to such a revised code as they apply to the original code.
(6)  A code issued under this section is admissible in evidence in proceedings under this Act and must be taken into account by a judge or court in determining any question to which it appears to the judge or the court to be relevant.
(7)  The power conferred by subsection (4) above on the Scottish Ministers to make orders shall be exercisable by statutory instrument.
(8)  A statutory instrument containing an order under subsection (4) above shall not be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament."
 

Before Schedule 1

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS
[As an amendment to the amendment to insert a new Schedule A1
(European Framework List) printed on sheet HL Bill 50(e)]

Line 23, leave out "and xenophobia"

 
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22 May 2003