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

House of Lords

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Clause 57

 

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

104Page 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

105Page 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."
 

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 57 stand part of the Bill.
 

Clause 58

 

THE LORD DONALDSON OF LYMINGTON

106Page 30, line 3, leave out "does not" and insert "shall"
107Page 30, line 3, at end insert "only if he is acquitted of all offences in respect of which he was extradited"
 

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 58 stand part of the Bill.
 

Clause 59

 

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 59 stand part of the Bill.
 

Clause 60

 

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

108Page 31, line 22, at end insert—
"(   )  In determining an amount under subsections (6) and (7), the judge or court making the order shall give his or its reasons for calculating the amount of compensation."
 The above-named Lords give notice of their intention to oppose the Question that Clause 60 stand part of the Bill.
 

Clause 61

 

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 61 stand part of the Bill.
 

Clause 62

 

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

109Page 31, line 37, at end insert—
"(   )  The Secretary of State (or in Scotland the Scottish Ministers) may by regulations set out requirements to ensure the security of any documents sent under subsection (1)."
 The above-named Lords give notice of their intention to oppose the Question that Clause 62 stand part of the Bill.
 

Clause 63

 

THE LORD GOODHART

110Page 32, line 10, at end insert—
"(   )  the category 1 territory is a party to the European framework decision;"
 

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

111Page 32, line 11, after "territory" insert "that issued the request"
 

THE LORD FILKIN

112Page 32, line 11, after "territory" insert "and no part of it occurs in the United Kingdom"
 

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

113Page 32, line 12, after "appropriate" insert "judicial"
114Page 32, line 13, leave out "falls within the European framework list" and insert "constitutes terrorism"
 

THE LORD GOODHART
THE BARONESS ANELAY OF ST JOHNS

115Page 32, line 17, leave out "12 months" and insert "3 years"
 

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

116Page 32, line 20, at end insert "that issued the request"
117Page 32, line 21, leave out "an" and insert "a terrorist"
118Page 32, line 26, leave out "(however it is described in that law)"
119Page 32, line 29, after "conduct" insert "constitutes a terrorist offence and"
120Page 32, line 32, leave out "(however it is described in that law)"
121Page 32, line 39, after "conduct" insert "constitutes a terrorist offence and"
122Page 32, leave out line 46
123Page 33, line 3, after "conduct" insert "constitutes a terrorist offence and"
124Page 33, line 10, leave out subsection (7)
125Page 33, line 24, leave out subsection (8)
 The above-named Lords give notice of their intention to oppose the Question that Clause 63 stand part of the Bill.
 

Clause 64

 

THE LORD FILKIN

126Page 33, line 40, after "territory" insert "and no part of it occurs in the United Kingdom"
 

THE LORD GOODHART

127Page 33, line 40, at end insert—
"(   )  the category 1 territory is a party to the European framework decision;"
 

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

128Page 33, line 42, leave out "falls within the European framework list" and insert "constitutes terrorism"
 

THE LORD GOODHART
THE BARONESS ANELAY OF ST JOHNS

129Page 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"
 

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

130Page 34, line 3, after "conduct" insert "constitutes a terrorist offence and"
131Page 34, line 12, after "conduct" insert "constitutes a terrorist offence and"
132Page 34, line 22, after "conduct" insert "constitutes a terrorist offence and"
133Page 34, line 33, after "conduct" insert "constitutes a terrorist offence and"
134Page 34, line 37, leave out "(however it is described in that law)"
135Page 34, line 40, leave out subsection (7)
136Page 35, line 5, leave out subsection (8)
 The above-named Lords give notice of their intention to oppose the Question that Clause 64 stand part of the Bill.
 

Clause 65

 

THE LORD GOODHART

137Page 35, line 17, leave out "the appropriate judge believes"
 

THE LORD FILKIN

138Page 35, line 17, after "believes" insert "—
(a)  is a judicial authority of that territory, and
(b)  "
 

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

139Page 35, line 19, leave out subsection (3)
 

THE LORD GOODHART

140Page 35, line 19, leave out from "in" to the end of line 20 and insert "Schedule (European framework list)"
 

THE LORD WEDDERBURN OF CHARLTON
THE BARONESS TURNER OF CAMDEN

141Page 35, line 20, at end insert "as adopted on 13th June 2002"
 

THE LORD GOODHART

142Page 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

143Page 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."
 

THE LORD WEDDERBURN OF CHARLTON
THE BARONESS TURNER OF CAMDEN

144Page 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."
145Page 35, line 25, at end insert—
"(7)  The Secretary of State shall make regulations by Order in terms which have been approved in draft by a resolution of each House of Parliament, containing guidance on the interpretation of the contents of the list mentioned in subsection (3)."
 

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 65 stand part of the Bill.
 

Clause 66

 

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

146Page 35, line 28, at beginning insert "subject to subsection (1A),"
147Page 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."
 The above-named Lords give notice of their intention to oppose the Question that Clause 66 stand part of the Bill.
 

Clause 67

 

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 67 stand part of the Bill.
 

Clause 68

 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

148Page 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."
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

 The above-named Lords give notice of their intention to oppose the Question that Clause 68 stand part of the Bill.
 

Clause 70

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS
THE EARL OF MAR AND KELLIE

149Page 37, line 16, leave out "it appears to the judge" and insert "the judge has reasonable grounds for believing"
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

150Page 37, line 29, leave out subsection (4)
 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

151Page 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."
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

152Page 37, line 33, leave out from first "by" to end and insert "a United Kingdom constable, including a constable of the Royal Parks Police, United Kingdom customs officer or service policeman"
 

Clause 71

 

THE LORD GOODHART

153Page 38, line 7, leave out "shown" and insert "given"
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

154Page 38, line 8, leave out "and he asks to be shown the warrant"
155Page 38, line 8, after "it" insert "in ordinary language"
156Page 38, line 9, after "him" insert "in a language he understands"
157Page 38, line 9, leave out "as soon as practicable after his request" and insert "within five hours of his arrest"
 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

158Page 38, line 9, leave out "request" and insert "arrest"
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS
THE EARL OF MAR AND KELLIE

159Page 38, line 10, leave out "as soon as practicable" and insert "within 24 hours"
 

THE BARONESS CARNEGY OF LOUR
THE VISCOUNT BRIDGEMAN
THE EARL OF MAR AND KELLIE

160Page 38, line 10, leave out "as soon as practicable" and insert "not later than the first day after he is taken into custody"
161Page 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) (sittings of sheriff and district courts); 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."
162Page 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,"
163Page 38, line 13, at beginning insert "in England, Wales and Northern Ireland,"
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS
THE EARL OF MAR AND KELLIE

164Page 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
THE EARL OF MAR AND KELLIE

165Page 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."
166Page 38, line 30, leave out subsection (9)

 
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©Parliamentary copyright 2003
2 June 2003