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

House of Lords

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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.
 

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."

 
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©Parliamentary copyright 2003
26 June 2003