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

House of Lords

back to previous amendments

 

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."
 

Clause 22

 

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 22 stand part of the Bill.
 

Clause 23

 

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 23 stand part of the Bill.
 

Clause 24

 

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 24 stand part of the Bill.
 

After Clause 24

 

THE BARONESS ANELAY
THE LORD HODGSON OF ASTLEY ABBOTTS

87AInsert the following new Clause—
  "Extradition under Part 1: national security
  If at any time in the extradition hearing it appears to the judge that the conditions in section 198 may be satisfied, the judge must draw the case to the attention of the Secretary of State."
 

Clause 25

 

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

88Page 12, line 4, 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)."
 The above-named Lords give notice of their intention to oppose the Question that Clause 25 stand part of the Bill.
 

Clause 26

 

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 26 stand part of the Bill.
 

Clause 27

 

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

89Page 12, line 19, after "(4)" insert "or (4A)"
90Page 12, line 31, at end insert—
"(4A)  The condition is that the court is satisfied that the principle of habeas corpus had not been applied properly at first instance."
 The above-named Lords give notice of their intention to oppose the Question that Clause 27 stand part of the Bill.
 

Clause 28

 

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 28 stand part of the Bill.
 

Clause 29

 

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 29 stand part of the Bill.
 

Clause 30

 

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 30 stand part of the Bill.
 

Clause 31

 

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

91Page 14, line 12, leave out subsection (1) and insert—
"(1)  The High Court must begin to hear an appeal under section 26 or section 28 within 28 days of notice of appeal being received."
 The above-named Lords give notice of their intention to oppose the Question that Clause 31 stand part of the Bill.
 

Clause 32

 

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 32 stand part of the Bill.
 

Clause 33

 

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 33 stand part of the Bill.
 

Clause 34

 

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 34 stand part of the Bill.
 

Clause 35

 

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 35 stand part of the Bill.
 

Clause 36

 

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 36 stand part of the Bill.
 

Clause 37

 

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 37 stand part of the Bill.
 

Clause 38

 

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 38 stand part of the Bill.
 

Clause 39

 

THE LORD GOODHART

92Page 20, line 5, leave out subsections (9) and (10)
 

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 39 stand part of the Bill.
 

Clause 40

 

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

93Page 20, line 26, at end insert "by a recorded delivery letter"
 

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

94Page 20, line 26, at end insert "as soon as is practicable"
 The above-named Lords give notice of their intention to oppose the Question that Clause 40 stand part of the Bill.
 

Clause 41

 

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

95Page 20, line 41, at end insert "as soon as is practicable"
 The above-named Lords give notice of their intention to oppose the Question that Clause 41 stand part of the Bill.
 

Clause 42

 

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

96Page 21, line 19, at end insert "as soon as is practicable"
 The above-named Lords give notice of their intention to oppose the Question that Clause 42 stand part of the Bill.
 

Clause 43

 

THE LORD WEDDERBURN OF CHARLTON
THE BARONESS TURNER OF CAMDEN

96A*Page 21, line 43, at end insert—
"(   )  Where the person has already been acquitted in proceedings in a Part 1 territory, on the same or substantially similar charges, the judge shall discharge the person."
 

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 43 stand part of the Bill.
 

Clause 44

 

THE LORD GOODHART

97Page 22, line 34, leave out paragraphs (b) and (c)
 

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 44 stand part of the Bill.
 

Clause 45

 

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 45 stand part of the Bill.
 

Clause 46

 

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 46 stand part of the Bill.
 

Clause 47

 

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 47 stand part of the Bill.
 

Clause 48

 

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 48 stand part of the Bill.
 

Clause 49

 

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 49 stand part of the Bill.
 

Clause 50

 

THE LORD FILKIN

97APage 25, line 15, leave out paragraph (c)
 

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 50 stand part of the Bill.
 

Clause 51

 

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 51 stand part of the Bill.
 

Clause 52

 

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 52 stand part of the Bill.

 
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©Parliamentary copyright 2003
19 June 2003