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

House of Lords

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Clause 160

 

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

240Page 86, line 11, after "anything" insert "(other than items subject to legal privilege)"
 

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 160 stand part of the Bill.
 

Clause 161

 

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

241Page 86, line 35, leave out paragraph (b)
 

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

242Page 87, line 2, at end insert—
"(   )  is exercisable only if there are reasonable grounds for believing that it is necessary to seize the item in order to prevent it being concealed, lost, damaged, altered or destroyed."
 

Clause 162

 

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

243Page 87, line 37, leave out "or gloves" and insert "headgear, gloves or footwear"
 The above-named Lords give notice of their intention to oppose the Question that Clause 162 stand part of the Bill.
 

Clause 163

 

THE BARONESS CARNEGY OF LOUR
THE BARONESS ANELAY OF ST JOHNS
THE EARL OF MAR AND KELLIE

244Page 88, line 39, after "if" insert—
"(a)  in Scotland, a sheriff, on application made to him by a procurator fiscal, and if satisfied that there are reasonable grounds for believing that it is necessary to seize the item to prevent it being concealed, lost, damaged, altered or destroyed, has given written authorisation for the exercise of these powers; or
(b)  in England, Wales and Northern Ireland"
 

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

245Page 88, line 42, leave out subsection (9)
 

THE BARONESS CARNEGY OF LOUR
THE BARONESS ANELAY OF ST JOHNS
THE EARL OF MAR AND KELLIE

246Page 89, line 3, leave out "Subsections (8) and (9) do" and insert "Subsection (9) does"
 

Clause 170

 

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

247Page 92, line 26, leave out subsection (2)
 

Clause 172

 

THE LORD FILKIN

247APage 94, line 29, at end insert—
"(8)  If the Secretary of State publishes a draft code of practice in connection with a matter specified in subsection (1) before the date on which this section comes into force—
(a)  the draft is as effective as one published under subsection (2) on or after that date;
(b)  representations made to the Secretary of State about the draft before that date are as effective as representations made to him about it after that date;
(c)  modifications made by the Secretary of State to the draft in the light of any such representations before that date are as effective as any such modifications made by him on or after that date."
 

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 172 stand part of the Bill.
 

After Clause 172

 

THE BARONESS CARNEGY OF LOUR
THE BARONESS ANELAY OF ST JOHNS
THE EARL OF MAR AND KELLIE

248Insert the following new Clause—
  "Code of practice in Scotland
(1)  The Scottish Ministers must issue codes of practice in connection with—
(a)  the exercise of the powers conferred by this Part;
(b)  the retention, use and return of anything seized or produced under this Part;
(c)  access to and the taking of photographs and copies of anything so seized or produced.
(2)  If the Scottish Ministers propose to issue a code of practice under this section, they must—
(a)  publish a draft of the code;
(b)  consider any representations made to them about the draft;
(c)  if they think it appropriate, modify the draft in light of any such representations.
(3)  The Scottish Ministers must lay the code before the Scottish Parliament.
(4)  When they have done so they may bring the code into operation by order.
(5)  The Scottish Ministers may revise the whole or any part of a code issued under this section and issue the code as revised; and subsections (2) and (4) apply to such a revised code as they apply to the original code.
(6)  A code issued under this section is admissible in evidence in proceedings under this Act and must be taken into account by a judge or court in determining any question to which it appears to the judge or the court to be relevant.
(7)  The power conferred by subsection (4) on the Scottish Ministers to make orders shall be exercisable by statutory instrument.
(8)  A statutory instrument containing an order under subsection (4) shall not be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament."
 

Clause 174

 

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 174 stand part of the Bill.
 

Clause 181

 

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

249Page 97, line 36, leave out from beginning to third "a"
 The above-named Lords give notice of their intention to oppose the Question that Clause 181 stand part of the Bill.
 

After Clause 188

 

THE LORD FILKIN

249AInsert the following new Clause—
  "Re-extradition: preliminary
(1)  Section (Re-extradition hearing) applies in relation to a person if the conditions in subsections (2) to (6) are satisfied.
(2)  The first condition is that the person was extradited to a territory in accordance with Part 1 or Part 2.
(3)  The second condition is that the person was serving a sentence of imprisonment or another form of detention in the United Kingdom (the UK sentence) before he was extradited.
(4)  The third condition is that—
(a)  if the person was extradited in accordance with Part 1, the Part 1 warrant in pursuance of which he was extradited contained a statement that it was issued with a view to his extradition for the purpose of being prosecuted for an offence;
(b)  if the person was extradited in accordance with Part 2, the request in pursuance of which the person was extradited contained a statement that the person was accused of the commission of an offence.
(5)  The fourth condition is that a certificate issued by a judicial authority of the territory shows that—
(a)  a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment (the overseas sentence) was imposed on the person in the territory;
(b)  the overseas sentence was imposed on him in respect of—
(i)  the offence specified in the warrant or request, or
(ii)  any other offence committed before his extradition in respect of which he was permitted to be dealt with in the territory.
(6)  The fifth condition is that before serving the overseas sentence the person was returned to the United Kingdom to serve the remainder of the UK sentence."
249BInsert the following new Clause—
  "Re-extradition hearing
(1)  If this section applies in relation to a person, as soon as practicable after the relevant time the person must be brought before the appropriate judge for the judge to decide whether the person is to be extradited again to the territory in which the overseas sentence was imposed.
(2)  The relevant time is the time at which the person would otherwise be released from detention pursuant to the UK sentence (whether or not on licence).
(3)  If subsection (1) is not complied with the person must be taken to be discharged.
(4)  The person must be treated as continuing in legal custody until he is brought before the appropriate judge under subsection (1) or he is taken to be discharged under subsection (3).
(5)  If the person is brought before the appropriate judge under subsection (1) the judge must decide whether the territory in which the overseas sentence was imposed is—
(a)  a category 1 territory;
(b)  a category 2 territory;
(c)  neither a category 1 territory nor a category 2 territory.
(6)  If the judge decides that the territory is a category 1 territory, section (Re-extradition to category 1 territories) applies.
(7)  If the judge decides that the territory is a category 2 territory, section (Re-extradition to category 2 territories) applies.
(8)  If the judge decides that the territory is neither a category 1 territory nor a category 2 territory, he must order the person's discharge.
(9)  A person's discharge as a result of this section or section (Re-extradition to category 1 territories) or (Re-extradition to category 2 territories) does not affect any conditions on which he is released from detention pursuant to the UK sentence.
(10)  Section 139 applies for determining the appropriate judge for the purposes of this section."
249CInsert the following new Clause—
  "Re-extradition to category 1 territories
(1)  If this section applies, this Act applies as it would if—
(a)  a Part 1 warrant had been issued in respect of the person;
(b)  the warrant contained a statement that—
(i)  the person was alleged to be unlawfully at large after conviction of the relevant offence, and
(ii)  the warrant was issued with a view to the person's arrest and extradition to the territory for the purpose of serving a sentence imposed in respect of the relevant offence;
(c)  the warrant were issued by the authority of the territory which issued the certificate referred to in section (Re-extradition: preliminary) (5);
(d)  the relevant offence were specified in the warrant;
(e)  the judge were the appropriate judge for the purposes of Part 1;
(f)  the hearing at which the judge is to make the decision referred to in section (Re-extradition hearing) (1) were the extradition hearing;
(g)  the proceedings before the judge were under Part 1.
(2)  As applied by subsection (1) this Act has effect with the modifications set out in Part 1 of Schedule (Re-extradition: modifications).
(3)  The relevant offence is the offence in respect of which the overseas sentence is imposed."
249DInsert the following new Clause—
  "Re-extradition to category 2 territories
(1)  If this section applies, this Act applies as it would if—
(a)  a valid request for the person's extradition to the territory had been made;
(b)  the request contained a statement that the person was alleged to be unlawfully at large after conviction of the relevant offence;
(c)  the relevant offence were specified in the request;
(d)  the hearing at which the appropriate judge is to make the decision referred to in section (Re-extradition hearing) (1) were the extradition hearing;
(e)  the proceedings before the judge were under Part 2.
(2)  As applied by subsection (1) this Act has effect with the modifications set out in Part 2 of Schedule (Re-extradition: modifications).
(3)  The relevant offence is the offence in respect of which the overseas sentence is imposed."
 

Clause 194

 

THE LORD GOODHART
THE EARL OF MAR AND KELLIE

250Page 107, line 14, at end insert—
"(   )  In the application of the Extradition Act 2003 to Scotland, references to granting bail shall be read as references to admitting to bail."
 

Clause 197

 

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

251Page 110, line 2, leave out "with specified modifications"
 The above-named Lords give notice of their intention to oppose the Question that Clause 197 stand part of the Bill.

 
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23 June 2003