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

House of Lords

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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

96APage 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.
 

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"."

 
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©Parliamentary copyright 2003
23 June 2003