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

House of Lords

back to previous amendments

 

Clause 72

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

167Page 39, line 16, leave out subsection (5)
 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

168Page 39, line 18, at end insert—
"(   )  No Order in Council may be made under subsection (5) 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

169Page 39, line 20, 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 73

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

170*Page 40, line 2, leave out "and he asks to be shown the warrant"
171Page 40, line 3, after "him" insert "in a language he understands"
172Page 40, line 3, leave out "as soon as practicable after his request" and insert "within five hours of his arrest"
173Page 40, line 4, 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

174Page 40, line 4, leave out "as soon as practicable" and insert "not later than the first day after he is taken into custody"
175Page 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) (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."
176Page 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,"
177Page 40, line 7, at beginning insert "in England, Wales and Northern Ireland,"
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

178Page 40, line 18, 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;"
179Page 40, line 20, leave out subsection (7)
180Page 40, line 31, leave out "40" and insert "28"
181Page 40, line 32, leave out paragraph (b)
 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

182Page 40, line 34, at end insert—
"(   )  No Order in Council may be made under subsection (10) unless a draft of the order has been laid before Parliament and approved by a resolution of each House."
 

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

183Page 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."
184Page 40, line 35, leave out subsection (11)
 

Clause 74

 

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

185Page 41, line 2, leave out "2 months" and insert "40 days"
 

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

186Page 41, line 6, leave out "and this subsection may apply more than once"
 

Clause 76

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

187Page 41, line 27, leave out "(as nearly as may be)"
188Page 41, line 32, leave out "(as nearly as may be)"
189Page 41, line 38, leave out "(as nearly as may be)"
 

Clause 77

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

190Page 42, line 23, leave out "on a balance of probabilities" and insert "beyond reasonable doubt"
 

Clause 78

 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

191Page 42, line 36, leave out paragraph (c) and insert—
"(c)  injustice and oppression;"
 

Clause 79

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

192Leave out Clause 79 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."
 

Clause 81

 

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

193Page 43, line 24, leave out from "offence" to end of line 25
 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

194Page 43, line 25, at end insert—
"(   )  A person's extradition to a category 2 territory is barred if it appears that because the accusation against him is not made in good faith in the interests of justice it would, having regard to all the circumstances, be unjust or oppressive to return him."
 

Clause 83

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS
THE LORD GOODHART
THE LORD CLINTON-DAVIS

195Page 44, line 12, leave out subsection (3)
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

196Page 44, line 12, leave out "must" and insert "may, where the statement is corroborated by independent evidence"
197Page 44, line 23, at end insert—
"(   )  For the purposes of subsection (6), those category 2 territories which may be designated by Order in Council are—
(a)  those states that are signatories to the European Convention on Extradition but that are not member states of the European Union; and
(b)  any other state with which the United Kingdom has a bilateral agreement which requires that state, in making an extradition request, to meet evidential requirements equivalent to those set out in the Convention."
 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

198Page 44, line 23, at end insert—
"(   )  No Order in Council may be made under subsection (6) 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 83 stand part of the Bill.
 

Clause 84

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

199Page 44, line 36, leave out from "retrial" to end of line 37 and insert "and to be present at the judgement"
200Page 44, line 37, 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."
201Page 44, line 38, leave out from "that" to "entitled" in line 41 and insert "—
(a)  the person 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"
202Page 45, line 7, 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."
 

Clause 85

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS
THE LORD GOODHART

203Page 45, line 19, leave out subsection (3)
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

204Page 45, line 19, leave out "must" and insert "may, where the statement is corroborated by independent evidence"
 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

205Page 45, line 30, at end insert—
"(   )  No Order in Council may be made under subsection (6) 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 EARL OF MAR AND KELLIE

206Page 45, line 33, leave out from "person" to ""for" in line 34
 

After Clause 86

 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

207Insert the following new Clause—
  "Minimum procedural rights (No. 2)
(1)  In reaching a decision under section 86(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 2 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 2 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 86 in relation to any proceedings for the extradition of any other person to the same category 2 territory."
 

Clause 90

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

208Page 47, line 10, at end insert—
"(   )  In discharging his duties under subsection (3), the judge is to have regard to the provisions of section 2 of the Mental Health Act 1983 (c. 20) (admission for assessment)."
 

Clause 91

 

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

209Page 47, line 14, after "language" insert "which he understands"
 

Clause 93

 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN
THE LORD CLINTON-DAVIS

210Page 48, line 13, leave out subsection (3)
 

Clause 98

 

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

211Page 49, line 39, leave out "2 months" and insert "40 days"
 

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

212Page 50, line 30, leave out "; and this subsection may apply more than once"

 
back to previous pagecontinue to next page
 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2003
2 June 2003