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

House of Lords

back to previous amendments

 

Clause 65

 

THE LORD GOODHART

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

THE LORD WEDDERBURN OF CHARLTON
THE BARONESS TURNER OF CAMDEN

137APage 35, line 17, leave out "the appropriate judge believes" and insert "is a judicial authority and"
 

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)."
145APage 35, line 25, at end insert—
"(7)  A judicial authority does not include a military tribunal or other military body."
 

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 69

 

THE BARONESS SCOTLAND OF ASTHAL

148APage 37, line 6, leave out subsection (10)
 

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"
 

THE BARONESS SCOTLAND OF ASTHAL

152APage 37, line 33, after "constable" insert "or customs officer"
 

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)
 

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"
 

THE BARONESS SCOTLAND OF ASTHAL

169APage 39, line 20, after "constable" insert "or customs officer"
 

Clause 73

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

170Page 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)
 

THE BARONESS SCOTLAND OF ASTHAL

179APage 40, line 31, leave out "40" and insert "45"
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

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)

 
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
19 June 2003