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

House of Lords

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Introduction

 1      The amendments specified in this Schedule shall have effect.
 

Parliamentary Commissioner Act 1967 (c. 13)

 2      In Schedule 3 to the Parliamentary Commissioner Act 1967 (c. 13) (matters not subject to investigation) for paragraph 4 substitute—
     "4      Action taken by the Secretary of State under the Extradition Act 2003."
 

Criminal Justice Act 1967 (c. 80)

 3      Section 34 of the Criminal Justice Act 1967 (c. 80) (committal of persons under twenty-one accused of extradition crimes) shall cease to have effect.
 

Suppression of Terrorism Act 1978 (c. 26)

 4      Sections 1 (offences not to be regarded as of a political character) and 2 (restrictions on return of criminal under Extradition Act 1870 or to Republic of Ireland) of the Suppression of Terrorism Act 1978 (c. 26) shall cease to have effect.
 5      For section 5 of the Suppression of Terrorism Act 1978 (c. 26) substitute—
    "5Power to apply section 4 to non-convention countries
    (1)  The Secretary of State may by order direct that section 4 above shall apply in relation to a country falling within subsection (2) below as it applies in relation to a convention country, subject to the exceptions (if any) specified in the order.
    (2)  A country falls within this subsection if—
    (a)  it is not a convention country; and
    (b)  it is a category 1 territory or a category 2 territory within the meaning of the Extradition Act 2003."
 

Criminal Justice (International Co-operation) Act 1990 (c. 5)

 6      Section 22(1) of the Criminal Justice (International Co-operation) Act 1990 (c. 5) (offences to which an Order in Council under the Extradition Act 1870 can apply) shall cease to have effect.
 

Computer Misuse Act 1990 (c. 18)

 7      Section 15 of the Computer Misuse Act 1990 (c. 18) (extradition where Schedule 1 to the Extradition Act 1989 applies) shall cease to have effect.
 

Aviation and Maritime Security Act 1990 (c. 31)

 8      Section 49 of the Aviation and Maritime Security Act 1990 (c. 31) (extradition by virtue of Orders in Council under Extradition Act 1870) shall cease to have effect.
 

Criminal Justice Act 1991 (c. 53)

 9      In section 47 of the Criminal Justice Act 1991 (c. 53) (persons extradited to the United Kingdom) subsection (4) shall cease to have effect.
 

United Nations Personnel Act 1997 (c. 13)

 10      Section 6(1) of the United Nations Personnel Act 1997 (c. 13) (offences to which an Order in Council under section 2 of the Extradition Act 1870 can apply) shall cease to have effect.
 

Terrorism Act 2000 (c. 11)

 11      Section 64(5) of the Terrorism Act 2000 (c. 11) (offences to which an Order in Council under section 2 of the Extradition Act 1870 can apply) shall cease to have effect.
 

International Criminal Court Act 2001 (c. 17)

 12      Section 71 of the International Criminal Court Act 2001 (c. 17) (extradition: Orders in Council under the Extradition Act 1870) shall cease to have effect.
 13   (1)   Part 2 of Schedule 2 to the International Criminal Court Act 2001 (c. 17) (delivery up to International Criminal Court of persons subject to extradition proceedings) is amended as follows.
(2)      For paragraph 7 (meaning of "extradition proceedings") substitute—
        "7   In this Part of this Schedule "extradition proceedings" means proceedings before a court or judge in the United Kingdom under the Extradition Act 2003."
(3)      In paragraph 8 (extradition proceedings in England and Wales or Northern Ireland) after sub-paragraph (5) add—
    "(6)      References in this paragraph to a court include references to a judge."
(4)      In paragraph 9 (extradition proceedings in Scotland) after sub-paragraph (3) add—
    "(4)      References in this paragraph to a court include references to a judge."
(5)      In paragraph 10 (power to suspend or revoke warrant or order) for sub-paragraph (1) substitute—
    "(1)      Where a court makes a delivery order in respect of a person whose extradition has been ordered under the Extradition Act 2003, it may make any such order as is necessary to enable the delivery order to be executed."
(6)      In paragraph 10(2) omit the words "by a court or judicial officer".
 

Enterprise Act 2002 (c. 40)

 14      Section 191 of the Enterprise Act 2002 (c. 40) (offences to which an Order in Council under the Extradition Act 1870 can apply) shall cease to have effect."
 

THE LORD GOODHART

268Insert the following new Schedule—
 "European framework list
1Participation in a criminal organisation.
2Terrorism.
3Trafficking in human beings.
4Sexual exploitation of children and child pornography.
5Illicit trafficking in narcotic drugs and psychotropic substances.
6Illicit trafficking in weapons, munitions and explosives.
7Corruption.
8Fraud, including that affecting the financial interests of the European Communities within the meaning of the Convention of 26th July 1995 on the protection of the European Communities' financial interests.
9Laundering of the proceeds of crime.
10Counterfeiting currency, including of the euro.
11Computer-related crime.
12Environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties.
13Facilitation of unauthorised entry and residence.
14 Murder, grievous bodily injury.
15Illicit trade in human organs and tissue.
16Kidnapping, illegal restraint and hostage-taking.
17 Racism and xenophobia.
18Organised or armed robbery.
19Illicit trafficking in cultural goods, including antiques and works of art.
20Swindling.
21Racketeering and extortion.
22Counterfeiting and piracy of products.
23Forgery of administrative documents and trafficking therein.
24Forgery of means of payment.
25Illicit trafficking in hormonal substances and other growth promoters.
26Illicit trafficking in nuclear or radioactive materials.
27Trafficking in stolen vehicles.
28Rape.
29Arson.
30Crimes within the jurisdiction of the International Criminal Court.
31Unlawful seizure of aircraft or ships.
32Sabotage."
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS
[As amendments to amendment 268]

268ALine 20, at end insert "(except in circumstances where the offence was committed by a participant in an international sporting event)"
269Line 23, leave out "and xenophobia"
 

Schedule

 

THE BARONESS SCOTLAND OF ASTHAL

270Page 116, line 5, at end insert—
  "Criminal Justice Act 1967(c. 80)Section 34.
  Criminal Jurisdiction Act 1975 (c. 59)In Schedule 3, paragraph 1."
271Page 116, line 11, column 2, at end insert "In Schedule 2, paragraph 33."
272Page 116, line 13, at end insert—
  "Suppression of Terrorism Act 1978 (c. 26)Sections 1 and 2. In section 8—      (a)   subsection (5)(a);      (b)   in subsection (6) the words from "an order made under section 1(4)" to "or"."
273Page 116, line 14, at end insert—
  "Criminal Justice (International Co-operation) Act 1990 (c. 5)Section 22.
  Computer Misuse Act 1990(c. 18)Section 15.
  Aviation and Maritime Security Act 1990 (c. 31)Section 49.
  Criminal Justice Act 1991(c. 53)Section 47(4)."
274Page 116, line 18, at end insert—
  "Criminal Justice Act 1993(c. 36)Section 72.
  Section 79(7).
  Criminal Justice and Public Order Act 1994 (c. 33)Sections 158 and 159.
  United Nations Personnel Act 1997 (c. 13)Section 6.
  Justices of the Peace Act 1997 (c. 25)In Schedule 5, paragraph 9.
  Access to Justice Act 1999(c. 22)In Schedule 11, paragraphs 18 and 31 to 36.
  Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)In Schedule 9, paragraph 124.
  Terrorism Act 2000 (c. 11)Section 64."
275Page 116, line 19, column 2, at beginning insert "Sections 71 to 73."
276Page 116, line 20, at end insert—
  "Proceeds of Crime Act 2002 (c. 29)In Schedule 11, paragraph 18.
  Enterprise Act 2002 (c. 40)Section 191."

 
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9 July 2003