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

House of Lords

back to previous amendments

 

Before Clause 189

 

THE BARONESS SCOTLAND OF ASTHAL

249DA*Insert the following new Clause—
  "Crown Prosecution Service: role in extradition proceedings
(1)  The Prosecution of Offences Act 1985 (c. 23) is amended as follows.
(2)  In section 3 (functions of the Director) after subsection (2) insert—
    "(2A)  The Director may—
    (a)  have the conduct of any extradition proceedings;
    (b)  give, to such extent as he considers appropriate, and to such persons as he considers appropriate, advice on any matters relating to extradition proceedings or proposed extradition proceedings."
(3)  In section 5(1) (conduct of prosecutions on behalf of Crown Prosecution Service) after "criminal proceedings" insert "or extradition proceedings".
(4)  In section 14 (control of fees and expenses etc paid by the Service) in subsection (1)(a) after "criminal proceedings" insert "or extradition proceedings".
(5)  In section 15(1) (interpretation of Part 1) in the appropriate place insert—
     ""extradition proceedings" means proceedings under the Extradition Act 2003;"."
249EInsert the following new Clause—
  "Lord Advocate: role in extradition proceedings
  The Lord Advocate may—
(a)  conduct any extradition proceedings in Scotland;
(b)  give, to such extent as he considers appropriate, and to such persons as he considers appropriate, advice on any matters relating to extradition proceedings or proposed extradition proceedings, in Scotland."
249F[Retabled as amendment 249DA]
249GInsert the following new Clause—
  "Special extradition arrangements
(1)  This section applies if the Secretary of State believes that—
(a)  arrangements have been made between the United Kingdom and another territory for the extradition of a person to the territory, and
(b)  the territory is not a category 1 territory or a category 2 territory.
(2)  The Secretary of State may certify that the conditions in paragraphs (a) and (b) of subsection (1) are satisfied in relation to the extradition of the person.
(3)  If the Secretary of State issues a certificate under subsection (2) this Act applies in respect of the person's extradition to the territory as if the territory were a category 2 territory.
(4)  As applied by subsection (3), this Act has effect—
(a)  as if sections 70(4), 72(5), 73(10)(b), 83(6) and 85(6) were omitted;
(b)  with any other modifications specified in the certificate.
(5)  A certificate under subsection (2) in relation to a person is conclusive evidence that the conditions in paragraphs (a) and (b) of subsection (1) are satisfied in relation to the person's extradition."
 

Clause 190

 

THE BARONESS SCOTLAND OF ASTHAL

 The Baroness Scotland of Asthal gives notice of her intention to oppose the Question that Clause 190 stand part of the Bill.
 

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.
 

Clause 198

 

THE BARONESS SCOTLAND OF ASTHAL

251APage 110, line 13, leave out "pursuant to" and insert "for the purpose of assisting in the exercise of"
 

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

252Page 110, line 19, at end insert "(including, in particular, the protection of the United Kingdom against threats from espionage, terrorism and sabotage, from the activities of agents of foreign powers and from actions intended to overthrow or undermine parliamentary democracy by political, industrial or violent means and the safeguarding of the economic well-being of the United Kingdom against threats posed by the actions or intentions of persons outside the British Islands)"
253Page 110, line 19, at end insert "or against the interests of the economic well-being of the United Kingdom"
254Page 110, line 19, at end insert "or against the interests of the prevention or detection of serious crime"
 

After Clause 200

 

THE BARONESS SCOTLAND OF ASTHAL

254AInsert the following new Clause—
  "Article 95 alerts: transitional provision
(1)  This section applies in a case where an article 95 alert is issued before 1 January 2004 by an authority of a category 1 territory.
(2)  In such a case, this Act applies as if—
(a)  the alert were a Part 1 warrant issued by the authority;
(b)  any information sent with the alert relating to the case were included in the warrant.
(3)  As applied by subsection (2), this Act has effect with these modifications—
(a)  in sections 2(7) and (8), 28(1), 30(1) and (4)(d), 32(2)(b), 33(6)(b), 35(4)(b), 36(3)(b), 46(3)(b) and 48(3)(b), for "authority which issued the Part 1 warrant" substitute "authority at the request of which the alert was issued";
(b)  omit section 5;
(c)  in sections 33(4)(b), 41(2)(a), 42(2)(a) and (4) and 60(1)(d) and (e), for "authority which issued the warrant" substitute "authority at the request of which the alert was issued";
(d)  in section 65(2), for the words from "believes" to the end substitute "believes is the authority at the request of which the alert was issued".
(4)  An article 95 alert is an alert issued pursuant to article 95 of the Convention implementing the Schengen agreement of 14th June 1985."
 

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

255Insert the following new Clause—
  "Compatibility with Crime (International Co-operation) Act 2003
  The Secretary of State shall certify that the provisions of this Act are compatible with the provisions of the Crime (International Co-operation) Act 2003."
256Insert the following new Clause—
  "Annual report
  The Secretary of State shall publish, and lay before both Houses of Parliament, an annual report on the operation of this legislation."
 

After Clause 205

 

THE BARONESS SCOTLAND OF ASTHAL

256AInsert the following new Clause—
  "Amendments
  Schedule (Amendments) contains miscellaneous and consequential amendments."
 

Clause 207

 

THE LORD GOODHART

257Page 114, line 25, at end insert—
"(   )  This Act shall only apply to requests relating to acts committed after 7th August 2002."
 

Clause 209

 

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

258Page 115, line 3, at end insert—
"(d)  an order under section (Part 1 warrant: authority to proceed required where offence specified in warrant is not an offence in the United Kingdom)."
259Page 115, line 10, at beginning insert "Subject to subsection (5A),"
260Page 115, line 12, at end insert—
"(5A)  An order under section 207 which makes provision for any or all of the provisions of this Act to have effect in relation to any extradition proceedings that were commenced when the Extradition Act 1989 (c. 33) was for the time being in force shall not be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament."
 

Clause 210

 

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

261Page 115, line 17, leave out subsection (1) and insert—
"(1)  No Order in Council may be made in respect of any provision of this Act other than section 208 unless a draft of the Order has been laid before and approved by a resolution of each House of Parliament."
 

THE LORD GOODHART

262Page 115, line 17, after "section" insert "1 or"
263Page 115, line 17, after "section" insert "65 or"
264Page 115, line 17, after "section" insert "68 or"
265Page 115, line 17, after "section" insert "70, 72, 83, 85 or"
266Page 115, line 17, after "section" insert "73 or"
 

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

267Page 115, line 26, leave out subsection (4)
 

Clause 212

 

THE BARONESS SCOTLAND OF ASTHAL

267ZAPage 115, line 35, after "Sections" insert "(Restriction on bail where undertaking given by Secretary of State),"
267ZBPage 115, line 36, leave out "Section 184" and insert "Sections 184 and 194"
 

Before the Schedule

 

THE LORD FILKIN

267AInsert the following new Schedule—
 

"RE-EXTRADITION: MODIFICATIONS
PART 1
CATEGORY 1 TERRITORIES

 1      In section 11(1), omit paragraphs (c), (g) and (h).
 2      Omit sections 14, 18 and 19.
 3      In section 21(3), for "must" substitute "may".
 4      In section 31(2), for paragraphs (a) and (b) substitute "would (apart from section (Re-extradition hearing) (1)) be released from detention pursuant to the UK sentence (whether or not on licence)".
 5      In section 39(2)(a), for "a certificate is issued under section 2 in respect of the warrant" substitute "the person would (apart from section (Re-extradition hearing) (1)) be released from detention pursuant to the UK sentence (whether or not on licence)".
 6      In section 43(2)(a), for "following his arrest under this Part" substitute "under section (Re-extradition hearing) (1)".
 7      In section 44(1), for the words from "arrested" to "issued" substitute "brought before the appropriate judge under section (Re-extradition hearing) (1) may consent to his extradition to the territory in which the overseas sentence was imposed".
 8      In section 187(2), for the words "a certificate is issued under section 2 or 69 in respect of the extradition claim" substitute "the person would (apart from section (Re-extradition hearing) (1)) be released from detention pursuant to the UK sentence (whether or not on licence)".
 

PART 2
CATEGORY 2 TERRITORIES

 9      In section 77, omit subsections (2), (3), (5) and (8).
 10      In section 77, for subsection (4) substitute—
    "(4)      The judge must decide whether the offence specified in the request is an extradition offence."
 11      In section 77(6), for "any of the questions" substitute "the question".
 12      In section 77(7), for "those questions" substitute "that question".
 13      In section 78(1), omit paragraph (c).
 14      Omit section 81.
 15      In section 86(3), for the words from "must send the case" to "extradited" substitute "may order the person to be extradited to the category 2 territory".
 16      In section 86, after subsection (3) insert—
    "(4)      If the judge makes an order under subsection (3) he must remand the person in custody or on bail to wait for his extradition to the territory.
    (5)      If the judge remands the person in custody he may later grant bail."
 17      In section 101(1)—
(a)  for the words from "sends a case" to "extradited" substitute "orders a person's extradition under this Part"; and
(b)  for "the relevant decision" substitute "the order".
 18      In section 101(2), for the words from "the person" to "the Secretary of State" substitute "the order is made under section 126".
 19      In section 101, omit subsections (3), (5), (6) and (7).
 20      In section 101(8), for the words from "the Secretary of State" to "extradition" substitute "the order is made".
 21      In section 102, omit subsections (1)(b), (6) and (7).
 22      In section 104, omit subsections (1)(b), (7) and (8).
 23      In section 115(1)(a), for "the Secretary of State" substitute "the appropriate judge".
 24      In section 115(1)(b), for the words from "permitted period" to "extradition" substitute "period permitted under that section".
 25      In section 115, after subsection (1) insert—
    "(1A)      But this section does not apply if the order is made under section 126."
 26      In section 115(2), for "the Secretary of State" substitute "the judge".
 27      In section 117(1)(a), for "the Secretary of State" substitute "the appropriate judge".
 28      In section 117, in subsections (2), (3) and (4) and in each place in subsection (5), for "the Secretary of State" substitute "the judge".
 29      In section 118, after subsection (1) insert—
    "(1A)      But this section does not apply if the order for the person's extradition is made under section 126."
 30      In section 119(2)(a), for "a certificate is issued under section 69 in respect of the request" substitute "the person would (apart from section (Re-extradition hearing) (1)) be released from detention pursuant to the UK sentence (whether or not on licence)".
 31      In section 125(1), for the words from "arrested" to "requested" substitute "brought before the appropriate judge under section (Re-extradition hearing) (1) may consent to his extradition to the territory in which the overseas sentence was imposed".
 32      In section 125, omit subsections (4) and (5).
 33      In section 125(3), before paragraph (a) insert—
    "(aa)  must be given before the appropriate judge;".
 34      In section 126, after subsection (1) insert—
    "(1A)      The judge must remand the person in custody or on bail.
    (1B)      If the judge remands the person in custody he may later grant bail."
 35      In section 126(4), for the words from "send the case" to "extradited" substitute "within the period of 10 days starting with the day on which consent is given order the person's extradition to the category 2 territory".
 36      In section 126, after subsection (5) insert—
    "(6)      Subsection (4) has effect subject to section 126B.
    (7)      If subsection (4) is not complied with and the person applies to the judge to be discharged the judge must order his discharge."
 37      After section 126 insert—
    "126AExtradition to category 2 territory following consent
    (1)      This section applies if the appropriate judge makes an order under section 126(4) for a person's extradition to a category 2 territory.
    (2)      The person must be extradited to the category 2 territory before the end of the required period, which is 28 days starting with the day on which the order is made.
    (3)      If subsection (2) is not complied with and the person applies to the judge to be discharged the judge must order his discharge, unless reasonable cause is shown for the delay.
    126BExtradition claim following consent
    (1)      This section applies if—
    (a)  a person consents under section 125 to his extradition to a category 2 territory; and
    (b)  before the judge orders his extradition under section 126(4), the judge is informed that the conditions in subsection (2) or (3) are met.
    (2)      The conditions are that—
    (a)  the Secretary of State has received another valid request for the person's extradition to a category 2 territory;
    (b)  the other request has not been disposed of.
    (3)      The conditions are that—
    (a)  a certificate has been issued under section 2 in respect of a Part 1 warrant issued in respect of the person;
    (b)  the warrant has not been disposed of.
    (4)      The judge must not make an order under section 126(4) until he is informed what order has been made under section 124(2) or 181(2).
    (5)      If the order under section 124(2) or 181(2) is for further proceedings on the request under consideration to be deferred until the other request, or the warrant, has been disposed of, the judge must remand the person in custody or on bail.
    (6)      If the judge remands the person in custody he may later grant bail.
    (7)      If—
    (a)  the order under section 124(2) or 181(2) is for further proceedings on the request under consideration to be deferred until the other request, or the warrant, has been disposed of, and
    (b)  an order is made under section 182 for proceedings on the request under consideration to be resumed,
      the period specified in section 126(4) must be taken to be 10 days starting with the day on which the order under section 182 is made.
    (8)      If the order under section 124(2) or 181(2) is for further proceedings on the other request, or the warrant, to be deferred until the request under consideration has been disposed of, the period specified in section 126(4) must be taken to be 10 days starting with the day on which the judge is informed of the order.
    126CExtradition following deferral for competing claim
    (1)      This section applies if—
    (a)  an order is made under section 126(4) for a person to be extradited to a category 2 territory in pursuance of a request for his extradition;
    (b)  before the person is extradited to the territory an order is made under section 124(2) or 181(2) for the person's extradition in pursuance of the request to be deferred;
    (c)  the appropriate judge makes an order under section 183(3)(a) for the person's extradition in pursuance of the request to cease to be deferred.
    (2)      The required period for the purposes of section 126A(2) is 28 days starting with the day on which the order under section 183(3)(a) is made."
 38      In section 187(2), for the words "a certificate is issued under section 2 or 69 in respect of the extradition claim" substitute "the person would (apart from section (Re-extradition hearing) (1)) be released from detention pursuant to the UK sentence (whether or not on licence)"."
 

THE BARONESS SCOTLAND OF ASTHAL

267BInsert the following new Schedule—
 "Amendments

 
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9 July 2003