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

House of Lords

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Before Clause 189

 

THE BARONESS SCOTLAND OF ASTHAL

249DAInsert 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."
249EAInsert the following new Clause—
  "Northern Ireland DPP and Crown Solicitor: role in extradition proceedings
(1)  The Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I. 1)) is amended as set out in subsections (2) to (4).
(2)  In article 2(2) (interpretation) in the appropriate place insert—
     ""extradition proceedings" means proceedings under the Extradition Act 2003;".
(3)  In article 4(7) (conduct of prosecutions on behalf of DPP) after "prosecution" insert "or extradition proceedings".
(4)  In article 5 (functions of DPP) after paragraph (1) insert—
    "(1A)  The Director may—
    (a)  have the conduct of any extradition proceedings in Northern Ireland;
    (b)  give to such persons as appear to him appropriate such advice as appears to him appropriate on matters relating to extradition proceedings, or proposed extradition proceedings, in Northern Ireland."
(5)  The Justice (Northern Ireland) Act 2002 (c. 26) is amended as set out in subsections (6) to (8).
(6)  After section 31 insert—
    "31AConduct of extradition proceedings
    (1)  The Director may have the conduct of any extradition proceedings in Northern Ireland.
    (2)  The Director may give to such persons as appear to him appropriate such advice as appears to him appropriate on matters relating to extradition proceedings, or proposed extradition proceedings, in Northern Ireland."
(7)  In section 36(2) (conduct of criminal proceedings on behalf of DPP) after "criminal proceedings" insert "or extradition proceedings".
(8)  In section 44 (interpretation) after subsection (6) insert—
    "(7)  For the purposes of this Part "extradition proceedings" means proceedings under the Extradition Act 2003."
(9)  The Crown Solicitor for Northern Ireland may—
(a)  have the conduct of any proceedings under this Act in Northern Ireland;
(b)  give to such persons as appear to him appropriate such advice as appears to him appropriate on matters relating to proceedings under this Act, or proposed proceedings under this Act, in Northern Ireland."
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)".

 
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©Parliamentary copyright 2003
9 September 2003