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

House of Lords

back to previous amendments

 

Clause 7

 

THE LORD GOODHART

52Page 5, line 9, leave out subsection (3)
 

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

53Page 5, line 9, leave out "on a balance of probabilities" and insert "beyond reasonable doubt"
54Page 5, line 10, at end insert—
"(   )  For the purposes of subsection (3), the burden of proving the person's identity is on the prosecution."
 The above-named Lords give notice of their intention to oppose the Question that Clause 7 stand part of the Bill.
 

Clause 8

 

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

55Page 5, line 34, leave out paragraph (c) and insert—
"(c)  ensure that the person has received independent legal advice about the implications of giving or withholding consent to extradition;"
 

THE LORD WEDDERBURN OF CHARLTON
THE BARONESS TURNER OF CAMDEN

56Page 5, line 42, leave out "and is irrevocable"
 

THE LORD GOODHART

57Page 6, line 6, leave out "are exceptional circumstances" and insert "is good reason"
 

THE LORD HODGSON OF ASTLEY ABBOTTS
THE BARONESS ANELAY OF ST JOHNS
THE EARL OF MAR AND KELLIE

58Page 6, line 6, leave out "and this subsection may apply more than once"
 

THE LORD GOODHART

59Page 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."
 

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

 The above-named Lords give notice of their intention to oppose the Question that Clause 8 stand part of the Bill.
 

Clause 9

 

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

60Page 6, line 19, leave out "(as nearly as may be)"
61Page 6, line 27, leave out "(as nearly as may be)"
 The above-named Lords give notice of their intention to oppose the Question that Clause 9 stand part of the Bill.
 

Clause 10

 

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

62Page 6, line 36, after "decide" insert "on the evidence presented to him"
63Page 6, line 36, leave out "an extradition" and insert "a terrorist"
 The above-named Lords give notice of their intention to oppose the Question that Clause 10 stand part of the Bill.
 

Clause 11

 

THE VISCOUNT BLEDISLOE

64Page 7, line 9, at end insert—
"(   )  patent innocence;"
 

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

65Page 7, line 13, at end insert—
"(   )  territorial bar."
 The above-named Lords give notice of their intention to oppose the Question that Clause 11 stand part of the Bill.
 

Clause 12

 

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

66Leave out Clause 12 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."
 The above-named Lords give notice of their intention to oppose the Question that Clause 12 stand part of the Bill.
 

Clause 13

 

THE LORD WEDDERBURN OF CHARLTON
THE BARONESS TURNER OF CAMDEN

67Page 7, line 38, after first "of" insert "or is likely to result in"
68Page 7, line 38, at end insert "sex, ethnic origin, language, sexual orientation,"
69Page 7, line 39, after "religion" insert "or religious or non-religious belief,"
70Page 7, line 40, after "trial" insert "or after it"
71Page 7, line 41, after "race," insert "sex, ethnic origin, language, sexual orientation,"
72Page 7, line 41, at end insert "or religious or non-religious belief,"
 

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

 The above-named Lords give notice of their intention to oppose the Question that Clause 13 stand part of the Bill.
 

Clause 14

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS
THE EARL OF MAR AND KELLIE

73Page 8, line 5, leave out from "offence" to end of line 6
 

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

 The above-named Lords give notice of their intention to oppose the Question that Clause 14 stand part of the Bill.
 

Clause 15

 

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

 The above-named Lords give notice of their intention to oppose the Question that Clause 15 stand part of the Bill.
 

Clause 16

 

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

 The above-named Lords give notice of their intention to oppose the Question that Clause 16 stand part of the Bill.
 

Clause 17

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS
THE LORD GOODHART
THE LORD CLINTON-DAVIS

74Page 9, line 7, leave out paragraphs (d) and (e)
 

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

 The above-named Lords give notice of their intention to oppose the Question that Clause 17 stand part of the Bill.
 

After Clause 17

 

THE VISCOUNT BLEDISLOE

75Insert the following new Clause—
  "Patent innocence
  A person's extradition to a category 1 territory is barred by reason of patent innocence, if, and only if, he demonstrates that—
(a)  he did not commit the offence specified in the warrant, as described in the information provided pursuant to section 1(4), or
(b)  he is not the person who was convicted of the offence specified in the warrant, as described in the information provided pursuant to section 1(6)."
 

Clause 18

 

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

76Page 9, line 30, leave out "another" and insert "that other"
 The above-named Lords give notice of their intention to oppose the Question that Clause 18 stand part of the Bill.
 

Clause 19

 

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

 The above-named Lords give notice of their intention to oppose the Question that Clause 19 stand part of the Bill.
 

After Clause 19

 

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

77Insert the following new Clause—
  "Territorial bar
  A person's extradition to a category 1 territory is barred where the warrant relates to offences which—
(a)  are regarded by the law of the relevant part of the United Kingdom as having been committed in whole or in part in the territory of the United Kingdom or in a place treated as such; or
(b)  have been committed outside the territory of the category 1 territory and the law of the relevant part of the United Kingdom does not allow prosecution for the same offences when committed outside its territory."
 

Clause 20

 

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

78Page 10, line 13, leave out from "retrial" to end of line 14 and insert "and to be present at the judgement"
79Page 10, line 14, 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."
80Page 10, line 15, leave out from "that" to "entitled" in line 18 and insert "—
(a)  he was convicted in his absence, and
(b)  it would not be in the interests of justice to return him on the ground of that conviction, taking particular account of the conduct of the proceedings which resulted in conviction and whether the person would be"
 

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

81Page 10, line 26, 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 is 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."
 

THE LORD CLINTON-DAVIS

82Page 10, line 26, at end insert—
"(   )  For the purposes of this section, a review amounting to a retrial must include provision for—
(a)  the person to recall prosecution witnesses where the prosecution are not obliged to call them again to give evidence,
(b)  the person to call defence witnesses,
(c)  the same right to publicly funded legal services as any suspect or defendant."
 

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

 The above-named Lords give notice of their intention to oppose the Question that Clause 20 stand part of the Bill.
 

Clause 21

 

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

83Page 10, line 29, after "extradition" insert ", hearing and surrender"
 

THE LORD WEDDERBURN OF CHARLTON
THE BARONESS TURNER OF CAMDEN

84Page 10, line 31, at end insert "as currently applied in the territory of the issuing authority"
85Page 10, line 34, after "decides" insert "beyond reasonable doubt"
86Page 10, line 35, at end insert—
"(3A)  If the judge decides that the presumption of innocence is not likely to be applied at his trial or retrial or review amounting to a retrial after extradition, or has not been applied in any such proceedings against the person, he shall order the person's discharge."
 

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

 The above-named Lords give notice of their intention to oppose the Question that Clause 21 stand part of the Bill.
 

After Clause 21

 

THE LORD GOODHART
THE BARONESS ANELAY OF ST JOHNS

87Insert 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."

 
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©Parliamentary copyright 2003
2 June 2003