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Amendments to the Extradition Bill

Extradition Bill


EIGHTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE


[Amendments marked * are new or have been altered]

Amendment
No.

 

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);"
 

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."

 
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©Parliamentary copyright 2003
9 July 2003