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

House of Lords

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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
 

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".

 
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©Parliamentary copyright 2003
9 September 2003