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

House of Lords

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Clause 74

 

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

185Page 41, line 2, leave out "2 months" and insert "40 days"
 

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

186Page 41, line 6, leave out "and this subsection may apply more than once"
 

Clause 76

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

187Page 41, line 27, leave out "(as nearly as may be)"
188Page 41, line 32, leave out "(as nearly as may be)"
189Page 41, line 38, leave out "(as nearly as may be)"
 

Clause 77

 

THE BARONESS SCOTLAND OF ASTHAL

189APage 42, line 5, leave out "under section 69" and insert "by the Secretary of State"
189BPage 42, line 21, leave out "under section 69" and insert "by the Secretary of State"
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

190Page 42, line 23, leave out "on a balance of probabilities" and insert "beyond reasonable doubt"
 

Clause 78

 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

191Page 42, line 36, leave out paragraph (c) and insert—
"(c)  injustice and oppression;"
 

Clause 79

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

192Leave out Clause 79 and insert the following new Clause—
  "Rule against double jeopardy (No. 2)
  A person's extradition to a category 2 territory is barred by reason of the rule against double jeopardy if the judge is satisfied that the person has been finally judged by a category 2 territory in respect of the same acts and would be entitled to be discharged under the law of that territory."
 

Clause 81

 

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

193Page 43, line 24, leave out from "offence" to end of line 25
 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

194Page 43, line 25, at end insert—
"(   )  A person's extradition to a category 2 territory is barred if it appears that because the accusation against him is not made in good faith in the interests of justice it would, having regard to all the circumstances, be unjust or oppressive to return him."
 

Clause 83

 

THE BARONESS SCOTLAND OF ASTHAL

194APage 44, line 11, at end insert—
"(2A)  In deciding whether to treat a statement made by a person in a document as admissible evidence of a fact, the judge must in particular have regard—
(a)  to the nature and source of the document;
(b)  to whether or not, having regard to the nature and source of the document and to any other circumstances that appear to the judge to be relevant, it is likely that the document is authentic;
(c)  to the extent to which the statement appears to supply evidence which would not be readily available if the statement were not treated as being admissible evidence of the fact;
(d)  to the relevance of the evidence that the statement appears to supply to any issue likely to have to be determined by the judge in deciding the question in subsection (1);
(e)  to any risk that the admission or exclusion of the statement will result in unfairness to the person whose extradition is sought, having regard in particular to whether it is likely to be possible to controvert the statement if the person making it does not attend to give oral evidence in the proceedings."
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS
THE LORD GOODHART
THE LORD CLINTON-DAVIS

195Page 44, line 12, leave out subsection (3)
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

196Page 44, line 12, leave out "must" and insert "may, where the statement is corroborated by independent evidence"
197Page 44, line 23, at end insert—
"(   )  For the purposes of subsection (6), those category 2 territories which may be designated by Order in Council are—
(a)  those states that are signatories to the European Convention on Extradition but that are not member states of the European Union; and
(b)  any other state with which the United Kingdom has a bilateral agreement which requires that state, in making an extradition request, to meet evidential requirements equivalent to those set out in the Convention."
 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

198Page 44, line 23, at end insert—
"(   )  No Order in Council may be made under subsection (6) 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 83 stand part of the Bill.
 

Clause 84

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

199Page 44, line 36, leave out from "retrial" to end of line 37 and insert "and to be present at the judgement"
200Page 44, line 37, at end insert—
"(   )  When determining whether the ground in subsection (1)(b) above has been made out, the issuing country must establish to the court's satisfaction that the person deliberately absented himself."
201Page 44, line 38, leave out from "that" to "entitled" in line 41 and insert "—
(a)  the person was convicted in his absence, and
(b)  it would not be in the interests of justice to return him on the ground of that conviction, taking particular account of the conduct of the proceedings which resulted in conviction and whether the person would be"
202Page 45, line 7, at end insert—
"(   )  For the purposes of this section, the judge should not regard as a retrial or (on appeal) a review amounting to a retrial, any proceedings that do not include provision for—
(a)  the suspect to be present at the retrial;
(b)  the suspect to recall prosecution witnesses where the prosecution is not obliged to call them again to give evidence;
(c)  the suspect to call defence witnesses; and
(d)  the same right to publicly funded legal services as any suspect or defendant."
 

Clause 85

 

THE BARONESS SCOTLAND OF ASTHAL

202APage 45, line 18, at end insert—
"(2A)  In deciding whether to treat a statement made by a person in a document as admissible evidence of a fact, the judge must in particular have regard—
(a)  to the nature and source of the document;
(b)  to whether or not, having regard to the nature and source of the document and to any other circumstances that appear to the judge to be relevant, it is likely that the document is authentic;
(c)  to the extent to which the statement appears to supply evidence which would not be readily available if the statement were not treated as being admissible evidence of the fact;
(d)  to the relevance of the evidence that the statement appears to supply to any issue likely to have to be determined by the judge in deciding the question in subsection (1);
(e)  to any risk that the admission or exclusion of the statement will result in unfairness to the person whose extradition is sought, having regard in particular to whether it is likely to be possible to controvert the statement if the person making it does not attend to give oral evidence in the proceedings."
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS
THE LORD GOODHART

203Page 45, line 19, leave out subsection (3)
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

204Page 45, line 19, leave out "must" and insert "may, where the statement is corroborated by independent evidence"
 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

205Page 45, line 30, at end insert—
"(   )  No Order in Council may be made under subsection (6) 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 EARL OF MAR AND KELLIE

206Page 45, line 33, leave out from "person" to ""for" in line 34
 

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);"

 
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26 June 2003