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

House of Lords

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Clause 53

 

THE LORD FILKIN

97BPage 26, line 40, leave out "an" and insert "a judicial"
 

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

98Page 27, line 13, 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

99Page 27, line 13, at end insert—
"(   )  The judge must satisfy himself that the suspect has been notified of the second request and has an opportunity to make representations at the consent hearing, either in person or through his legal representatives."
 

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 53 stand part of the Bill.
 

Clause 54

 

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

100Page 27, line 31, 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 above-named Lords give notice of their intention to oppose the Question that Clause 54 stand part of the Bill.
 

Clause 55

 

THE LORD FILKIN

100APage 27, line 41, leave out "an" and insert "a judicial"
 

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

101Page 28, line 17, 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

102Page 28, line 17, at end insert—
"(   )  The judge must satisfy himself that the suspect has been notified of the second request and has an opportunity to make representations at the consent hearing, either in person or through his legal representatives."
 

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 55 stand part of the Bill.
 

Clause 56

 

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

103Page 28, line 36, 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 above-named Lords give notice of their intention to oppose the Question that Clause 56 stand part of the Bill.
 

Clause 57

 

THE LORD FILKIN

103APage 29, line 6, leave out "an" and insert "a judicial"
 

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 LORD FILKIN

108APage 31, line 36, leave out subsections (1) and (2) and insert—
"(1)  This section applies if a document to be sent in connection with proceedings under this Part is sent by facsimile transmission.
(2)  This Act has effect as if the document received by facsimile transmission were the document used to make the transmission.
(3)  The document received by facsimile transmission may be received in evidence accordingly."
 

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.
 

After Clause 62

 

THE LORD FILKIN

109AInsert the following new Clause—
  "Part 1 warrant: transmission by other electronic means
(1)  This section applies if a Part 1 warrant is issued and the information contained in the warrant—
(a)  is transmitted to the designated authority by electronic means (other than by facsimile transmission), and
(b)  is received by the designated authority in a form in which it is intelligible and which is capable of being used for subsequent reference.
(2)  This Act has effect as if the information received by the designated authority were the Part 1 warrant.
(3)  A copy of the information received by the designated authority may be received in evidence as if it were the Part 1 warrant."
109BInsert the following new Clause—
  "Persons serving sentences outside territory where convicted
(1)  This section applies if an arrest warrant is issued in respect of a person by an authority of a category 1 territory and the warrant contains the statement referred to in subsection (2).
(2)  The statement is one that—
(a)  the person is alleged to be unlawfully at large from a prison in one territory (the imprisoning territory) in which he was serving a sentence after conviction of an offence specified in the warrant by a court in another territory (the convicting territory), and
(b)  the person was serving the sentence in pursuance of international arrangements for prisoners sentenced in one territory to be repatriated to another territory in order to serve their sentence, and
(c)  the warrant is issued with a view to his arrest and extradition to the category 1 territory for the purpose of serving a sentence or another form of detention imposed in respect of the offence.
(3)  If the category 1 territory is either the imprisoning territory or the convicting territory, section 2(2)(b) has effect as if the reference to the statement referred to in subsection (5) of that section were a reference to the statement referred to in subsection (2) of this section.
(4)  If the category 1 territory is the imprisoning territory—
(a)  section 2(6)(e) has effect as if "the category 1 territory" read "the convicting territory";
(b)  section 10(2) has effect as if "an extradition offence" read "an extradition offence in relation to the convicting territory";
(c)  section 20 has effect as if,   in subsections (1)(c), (2)(c) and (3)(c), after "entitled" there were inserted "in the convicting territory";
(d)  section 37(5) has effect as if "a category 1 territory" read "the convicting territory" and as if "the category 1 territory" in both places read "the convicting territory";
(e)  section 51(4) has effect as if "a category 1 territory" read "the convicting territory" and as if "the category 1 territory" in both places read "the convicting territory";
(f)  section 64(1) has effect as if "a category 1 territory" read "the convicting territory";
(g)  section 64(2) has effect as if "the category 1 territory" in the opening words and paragraphs (a) and (c) read "the convicting territory" and as if "the category 1 territory" in paragraph (b) read "the imprisoning territory";
(h)  in section 64, subsections (3), (4), (5), (6) and (8) have effect as if "the category 1 territory" in each place read "the convicting territory"."
 

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
THE LORD WEDDERBURN OF CHARLTON

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"
117APage 32, line 22, after "Kingdom" insert "punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment"
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.

 
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©Parliamentary copyright 2003
19 June 2003