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Amendments to the Extradition Bill

Extradition Bill


SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE


[Amendments marked * are new or have been altered]

Amendment
No.

 

After Clause 1

 

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

11Insert the following new Clause—
  "Part 1 warrant: authority to proceed required where offence specified in warrant is not an offence in the United Kingdom
(1)  This section applies when the designated authority receives a Part 1 warrant which specifies that the person in respect of whom the warrant is issued is accused of, or has been convicted of, an offence in a category 1 territory that does not constitute an offence under the law of any part of the United Kingdom.
(2)  When this section applies, the Secretary of State may issue an order giving authority to proceed with the warrant under this Part of this Act.
(3)  When this section applies, a person shall not be dealt with under this Part of this Act except in pursuance of an order of the Secretary of State made under subsection (2).
(4)  The Secretary of State shall make an annual report to both Houses of Parliament on the cases in which he has exercised the discretion conferred on him by subsection (2) to make an order giving authority to proceed.
(5)  The following provisions of this Part are subject to the provisions of this section."
 

Clause 2

 

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

12Page 1, line 15, leave out second "an" and insert "a judicial"
13Page 1, line 16, at end insert "in ordinary language"
14Page 2, line 1, leave out "is accused" and insert "faces charges"
15Page 2, line 2, leave out "an" and insert "a terrorist"
16Page 2, line 5, at end insert "terrorist"
17Page 2, line 6, at end insert—
"(   )  The term "for the purpose of being prosecuted for the offence" in subsection (3)(b) above is understood to mean—
(i)  that sufficient evidence has already been gathered to bring a prosecution and to commit to trial the person in respect of whom the warrant is issued; and
(ii)  the extradition sought by the requesting state must be only for the purpose of putting the person on trial, and not for the purpose of interrogation or gathering evidence."
 

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

18Page 2, line 12, leave out from "including" to end of line 14 and insert "a description of the circumstances in which the offence was committed, including the time, place and degree of participation in the offence by the requested person, the nature and legal classification of the offence and the applicable statutory provision;"
 

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

19Page 2, line 20, leave out "an" and insert "a terrorist"
20Page 2, line 23, at end insert "terrorist"
21Page 2, line 25, after "the" insert "terrorist"
22Page 2, line 25, at end insert—
"(   )  The statement referred to in subsections (3) and (5) shall conform with the model warrant annexed to the framework decision."
 

THE LORD WEDDERBURN OF CHARLTON
THE BARONESS TURNER OF CAMDEN

23Page 2, line 37, leave out "it believes that"
24Page 2, line 40, after "warrants" insert "after a judicial decision"
25Page 2, line 44, after "warrants" insert "after a judicial decision"
 

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

26Page 2, line 45, leave out subsections (9) and (10) and insert—
"(9)  The designated authority is the National Criminal Intelligence Service in England and in Scotland the Crown Office.
(10)  For the purposes of subsection (9), further designated authorities can be designated if necessary."
27Page 2, line 45, leave out from "is" to end of line 46 and insert "the Secretary of State"
 

THE LORD WEDDERBURN OF CHARLTON
THE BARONESS TURNER OF CAMDEN

28Page 2, line 46, at end insert "after approval by affirmative resolution of both Houses of Parliament"
 

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

29Page 2, line 47, leave out subsection (10)
 

THE LORD FILKIN

30Page 3, line 3, leave out subsection (11)
 

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 2 stand part of the Bill.
 

Clause 3

 

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

31Page 3, line 26, at end insert—
"(   )  For the purposes of this section—
 "constable" shall be a constable of the United Kingdom including a constable of the Royal Parks Police, and
 "customs officer" shall be a United Kingdom customs officer."
 

THE LORD WEDDERBURN OF CHARLTON
THE BARONESS TURNER OF CAMDEN

32Page 3, line 26, at end insert—
"(7)  In this section "constable" does not include a prison officer or any other person who has only the powers of a constable."
 

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 3 stand part of the Bill.
 

Clause 4

 

THE LORD HODGSON OF ASTLEY ABBOTTS
THE BARONESS ANELAY OF ST JOHNS
THE WEDDERBURN OF CHARLTON
THE BARONESS TURNER OF CAMDEN

33Page 3, line 30, leave out "and he asks to be shown the warrant"
 

THE LORD GOODHART

34Page 3, line 30, leave out "shown" and insert "given"
 

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

35Page 3, line 31, after "him" insert "in a language he understands"
36Page 3, line 31, leave out "as soon as practicable after his request" and insert "within five hours of his arrest"
 

THE LORD GOODHART
THE BARONESS ANELAY OF ST JOHNS

37Page 3, line 31, leave out "request" and insert "arrest"
 

THE LORD WEDDERBURN OF CHARLTON
THE BARONESS TURNER OF CAMDEN

38Page 3, line 31, at end insert—
"(2A)  The warrant or a copy of it shall be in a language provided for by note (1) to the Annex to the Framework Decision together with, where necessary, a translation in words which the accused person can understand."
39Page 3, line 31, at end insert—
"(2B)  Where at the time of the arrest the person asks for an explanation or a translation of statements set out in the warrant, the person making the arrest shall take steps to provide it at that time or as soon as reasonably practicable thereafter."
 

THE BARONESS CARNEGY OF LOUR
THE LORD HODGSON OF ASTLEY ABBOTTS
THE EARL OF MAR AND KELLIE

40Page 3, line 32, leave out "as soon as practicable" and insert "not later than the first day after he is taken into custody"
 

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

41Page 3, line 32, leave out "as soon as practicable" and insert "within 24 hours"
 

THE BARONESS CARNEGY OF LOUR
THE LORD HODGSON OF ASTLEY ABBOTTS
THE EARL OF MAR AND KELLIE

42Page 3, line 33, at end insert—
"(   )  The reference in subsection (3) to the first day after he is taken into custody shall not include a Saturday, a Sunday or a court holiday prescribed for that court under section 8 of the Criminal Procedure (Scotland) Act 1995 (c. 46) (sittings of sheriff and district courts); but nothing in this subsection shall prevent a person being brought before the court on a Saturday, a Sunday or such a court holiday where the court is, in pursuance of the said section 8, sitting on such day for the disposal of criminal business."
 

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 4 stand part of the Bill.
 

Clause 5

 

THE LORD HODGSON OF ASTLEY ABBOTTS
THE BARONESS ANELAY OF ST JOHNS
THE EARL OF MAR AND KELLIE

43Page 4, line 3, leave out "reason to believe" and insert "reasonable grounds for believing"
 

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

44Page 4, line 4, leave out "or will be"
45Page 4, line 5, leave out "an" and insert "a judicial"
 

THE LORD FILKIN

46Page 4, line 6, after "authority" insert "is a judicial authority of the category 1 territory and"
 

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

47Page 4, line 22, at end insert—
"(   )  For the purposes of this section "constable" shall be a constable of the United Kingdom including a constable of the Royal Parks Police and "customs officer" shall be a United Kingdom customs officer."
 The above-named Lords give notice of their intention to oppose the Question that Clause 5 stand part of the Bill.
 

Clause 6

 

THE BARONESS CARNEGY OF LOUR
THE LORD HODGSON OF ASTLEY ABBOTTS
THE EARL OF MAR AND KELLIE

48Page 4, line 29, leave out from first "is" to end of line 30 and insert "not later than the first day after he is taken into custody.
"(   )  The reference in subsection (3) to the first day after he is taken into custody shall not include a Saturday, a Sunday or a court holiday prescribed for that court under section 8 of the Criminal Procedure (Scotland) Act 1995 (c. 46) (sittings of sheriff and district courts); but nothing in this subsection shall prevent a person being brought before the court on a Saturday, a Sunday or such a court holiday where the court is, in pursuance of the said section 8, sitting on such day for the disposal of criminal business."
 

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

49Page 4, line 29, leave out "48" and insert "24"
 

THE LORD WEDDERBURN OF CHARLTON
THE BARONESS TURNER OF CAMDEN

50Page 4, line 34, leave out "taken to be"
51Page 4, line 36, at end insert "immediately"
 

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 6 stand part of the Bill.
 

Clause 7

 

THE LORD GOODHART

52Page 5, line 9, leave out subsection (3)
 

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

53Page 5, line 9, leave out "on a balance of probabilities" and insert "beyond reasonable doubt"
54Page 5, line 10, at end insert—
"(   )  For the purposes of subsection (3), the burden of proving the person's identity is on the prosecution."
 The above-named Lords give notice of their intention to oppose the Question that Clause 7 stand part of the Bill.
 

Clause 8

 

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

55Page 5, line 34, leave out paragraph (c) and insert—
"(c)  ensure that the person has received independent legal advice about the implications of giving or withholding consent to extradition;"
 

THE LORD WEDDERBURN OF CHARLTON
THE BARONESS TURNER OF CAMDEN

56Page 5, line 42, leave out "and is irrevocable"
 

THE LORD GOODHART

57Page 6, line 6, leave out "are exceptional circumstances" and insert "is good reason"
 

THE LORD HODGSON OF ASTLEY ABBOTTS
THE BARONESS ANELAY OF ST JOHNS
THE EARL OF MAR AND KELLIE

58Page 6, line 6, leave out "and this subsection may apply more than once"
 

THE LORD GOODHART

59Page 6, line 7, at end insert—
"(   )  If an application under subsection (1) is made by a party other than the person, the person shall be a respondent to the application."
 

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 8 stand part of the Bill.

 
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©Parliamentary copyright 2003
6 June 2003