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

House of Lords

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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."
 

After Clause 89

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

207AInsert the following new Clause—
  "Extradition under Part 2: 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 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

209APage 48, line 8, at end insert "or if conviction of the offence will result in a mandatory sentence of life imprisonment without possibility of release"
 

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"
 

Clause 99

 

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

213Page 50, line 35, after "language" insert "which he understands"
 

Clause 102

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

214Page 52, line 14, after "(4)" insert "or (4A)"
215Page 52, line 26, 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."
 

Clause 124

 

THE EARL OF MAR AND KELLIE

216Page 64, line 2, at end insert—
"(   )  the date on which each offence was committed (or was alleged to have been committed);"
 

Clause 125

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

217Page 64, line 16, leave out "irrevocable" and insert "only valid after the person has had an opportunity to receive independent legal advice"
 

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

218Page 64, line 42, at end insert—
"(   )  In the application of this section to Scotland, "counsel" includes a solicitor who has a right of audience in the High Court of Justiciary under section 25A of the Solicitors (Scotland) Act 1980 (c. 46) (rights of audience in various courts including the High Court of Justiciary)."
 

Clause 127

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

219Page 65, line 31, leave out "section 93" and insert "sections 78, 93, 94 and 95"
 

THE LORD GOODHART
THE EARL OF MAR AND KELLIE

220Page 65, line 31, leave out "section 93" and insert "sections 78, 86, 93, 94 and 95"
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

221Page 65, line 35, at end insert—
"(   )  The Secretary of State 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

222Page 65, line 35, at end insert—
"(8)  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.
(9)  If the Secretary of State is not satisfied that the requirements of subsection (8) have been met he must refuse his consent."
 

Clause 128

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

223Page 66, line 14, leave out "section 93" and insert "sections 78, 93, 94 and 95"
224Page 66, line 18, at end insert—
"(   )  The Secretary of State 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

225Page 66, line 18, at end insert—
"(8)  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.
(9)  If the Secretary of State is not satisfied that the requirements of subsection (8) have been met he must refuse his consent."
 

Clause 129

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

226Page 66, line 43, at end insert—
"(   )  The Secretary of State 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

227Page 66, line 43, at end insert—
"(8)  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.
(9)  If the Secretary of State is not satisfied that the requirements of subsection (8) have been met he must refuse his consent."
 

Clause 130

 

THE LORD DONALDSON OF LYMINGTON

228Page 67, line 11, leave out "does not" and insert "shall"
229Page 67, line 11, at end insert "only if he is acquitted of all offences in respect of which he was extradited"
 

Clause 132

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

230Page 68, line 37, 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."
 

Clause 134

 

THE LORD FILKIN

230APage 69, line 6, 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 VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

231Page 69, line 11, 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)."
 

Clause 136

 

THE LORD FILKIN

231APage 69, line 31, after "is" insert "alleged to be"
231BPage 69, line 33, after "offence" insert "specified in the request"
231CPage 70, line 14, at end insert—
"(e)  section 84 has effect as if, in subsections (1)(c), (2)(c) and (3)(c), after "entitled" there were inserted "in the convicting territory";
(f)  section 117(4) has effect as if "a category 2 territory" read "the convicting territory" and as if "the category 2 territory" in both places read "the convicting territory";
(g)  section 138(1) has effect as if "a category 2 territory" read "the convicting territory";
(h)  in section 138, subsections (2), (3), (4), (5) and (7) have effect as if "the category 2 territory" read "the convicting territory"."
 

Clause 139

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

232Page 73, line 26, at beginning insert "subject to subsection (1A),"
233Page 73, line 30, 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."
 

Clause 146

 

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

234Page 77, line 9, leave out paragraph (d)
 

Clause 148

 

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

235Page 78, line 24, at end insert "or, if the conduct constituted an offence under the Female Genital Mutilation Act 2003, any sentence of imprisonment or detention has been imposed in the United Kingdom in respect of that conduct"
236Page 78, line 31, at end insert "or, if the conduct constituted an offence under the Female Genital Mutilation Act 2003, any sentence of imprisonment or detention has been imposed in the United Kingdom in respect of that conduct"
 

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

 The above-named Lords give notice of their intention to oppose the Question that Clause 148 stand part of the Bill.
 

Clause 149

 

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

237Page 78, line 39, at beginning insert "subject to subsection (1A),"
238Page 78, line 44, 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."
 

Clause 155

 

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

239Page 81, line 27, at end insert "and that there are reasonable grounds for believing that the material is located in the premises specified in the application"
 The above-named Lords give notice of their intention to oppose the Question that Clause 155 stand part of the Bill.
 

Clause 158

 

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 158 stand part of the Bill.

 
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©Parliamentary copyright 2003
23 June 2003