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Amendments to the Extradition Bill

Extradition Bill


SEVENTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE


[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 65

 

THE LORD GOODHART

140Page 35, line 19, leave out from "in" to the end of line 20 and insert "Schedule (European framework list)"
141[Withdrawn]
142Page 35, line 20, at end insert—
"(   )  The conduct described in the European framework list as racism and xenophobia shall not be treated as included in that list until the member states of the European Union have adopted a framework decision on racism and xenophobia."
 

THE LORD GOODHART
THE BARONESS ANELAY OF ST JOHNS

143Page 35, line 20, at end insert—
"(3A)  The European framework list may be amended by Order in Council.
(3B)  No Order in Council may be made under subsection (3A) unless it has been laid before Parliament and approved by a resolution of each House."
144[Withdrawn]
145[Withdrawn]
145A[Withdrawn]
 

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

145BPage 35, line 25, at end insert—
"(7)  Where an alleged offence is the subject of an arrest warrant but the offence was committed by a participant in an international sporting event, that warrant must be referred to the Home Secretary who must make a decision separate to any decision of a United Kingdom court as to whether extradition to the requesting country would be proper in all the circumstances."
 The above-named Lords give notice of their intention to oppose the Question that Clause 65 stand part of the Bill.
 

Clause 66

 

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

146Page 35, line 28, at beginning insert "subject to subsection (1A),"
147Page 35, line 32, at end insert—
"(1A)  The Lord Chancellor shall not designate a District Judge (Magistrates' Courts) under subsection (1)(a) unless that person has followed a course of training and development covering the matters dealt with in this Act."
 The above-named Lords give notice of their intention to oppose the Question that Clause 66 stand part of the Bill.
 

Clause 67

 

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 67 stand part of the Bill.
 

Clause 68

 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

148Page 36, line 11, at end insert—
"(   )  No Order in Council may be made under subsection (1) unless a draft of the order has been laid before Parliament and approved by a resolution of each House."
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

 The above-named Lords give notice of their intention to oppose the Question that Clause 68 stand part of the Bill.
 

Clause 69

 

THE BARONESS SCOTLAND OF ASTHAL

148APage 37, line 6, leave out subsection (10)
 

Clause 70

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS
THE EARL OF MAR AND KELLIE

149Page 37, line 16, leave out "it appears to the judge" and insert "the judge has reasonable grounds for believing"
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

150Page 37, line 29, leave out subsection (4)
 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

151Page 37, line 31, at end insert—
"(   )  No Order in Council may be made under subsection (4) unless a draft of the order has been laid before Parliament and approved by a resolution of each House."
 

THE LORD GOODHART

151APage 37, line 31, at end insert—
"(   )  A category 2 territory shall not be designated for the purposes of this section if it would, after the designation takes effect, continue to require evidence falling within subsection (3) or of a substantially similar kind."
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

152Page 37, line 33, leave out from first "by" to end and insert "a United Kingdom constable, including a constable of the Royal Parks Police, United Kingdom customs officer or service policeman"
 

THE BARONESS SCOTLAND OF ASTHAL

152APage 37, line 33, after "constable" insert "or customs officer"
 

Clause 71

 

THE LORD GOODHART

153Page 38, line 7, leave out "shown" and insert "given"
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

154Page 38, line 8, leave out "and he asks to be shown the warrant"
155Page 38, line 8, after "it" insert "in ordinary language"
156Page 38, line 9, after "him" insert "in a language he understands"
157Page 38, line 9, leave out "as soon as practicable after his request" and insert "within five hours of his arrest"
 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

158Page 38, line 9, leave out "request" and insert "arrest"
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS
THE EARL OF MAR AND KELLIE

159Page 38, line 10, leave out "as soon as practicable" and insert "within 24 hours"
 

THE BARONESS CARNEGY OF LOUR
THE VISCOUNT BRIDGEMAN
THE EARL OF MAR AND KELLIE

160Page 38, line 10, leave out "as soon as practicable" and insert "not later than the first day after he is taken into custody"
161Page 38, line 11, 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."
162[Withdrawn]
163[Withdrawn]
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS
THE EARL OF MAR AND KELLIE

164Page 38, line 21, leave out paragraph (b) and insert—
"(b)  ensure that the person has received independent legal advice about the implications of giving or withholding consent to extradition;"
165[Withdrawn]
166[Withdrawn]
 

Clause 72

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

167Page 39, line 16, leave out subsection (5)
 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

168Page 39, line 18, at end insert—
"(   )  No Order in Council may be made under subsection (5) unless a draft of the order has been laid before Parliament and approved by a resolution of each House."
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

169Page 39, line 20, leave out from first "by" to end and insert "a United Kingdom constable, including a constable of the Royal Parks Police, United Kingdom customs officer or service policeman"
 

THE BARONESS SCOTLAND OF ASTHAL

169APage 39, line 20, after "constable" insert "or customs officer"
 

Clause 73

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

170Page 40, line 2, leave out "and he asks to be shown the warrant"
171Page 40, line 3, after "him" insert "in a language he understands"
172Page 40, line 3, leave out "as soon as practicable after his request" and insert "within five hours of his arrest"
173Page 40, line 4, leave out "as soon as practicable" and insert "within 24 hours"
 

THE BARONESS CARNEGY OF LOUR
THE VISCOUNT BRIDGEMAN
THE EARL OF MAR AND KELLIE

174Page 40, line 4, leave out "as soon as practicable" and insert "not later than the first day after he is taken into custody"
175Page 40, line 5, 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."
176[Withdrawn]
177[Withdrawn]
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

178Page 40, line 18, leave out paragraph (b) and insert—
"(b)  ensure that the person has received independent legal advice about the implications of giving or withholding consent to extradition;"
179Page 40, line 20, leave out subsection (7)
 

THE BARONESS SCOTLAND OF ASTHAL

179APage 40, line 31, leave out "40" and insert "45"
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

180Page 40, line 31, leave out "40" and insert "28"
181Page 40, line 32, leave out paragraph (b)
 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

182Page 40, line 34, at end insert—
"(   )  No Order in Council may be made under subsection (10) unless a draft of the order has been laid before Parliament and approved by a resolution of each House."
183[Withdrawn]
184[Withdrawn]
 

Clause 74

 

THE BARONESS CARNEGY OF LOUR
THE VISCOUNT BRIDGEMAN
THE EARL OF MAR AND KELLIE

185Page 41, line 2, leave out "2 months" and insert "40 days"
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS
THE EARL OF MAR AND KELLIE

186Page 41, line 6, leave out "and this subsection may apply more than once"
 

Clause 76

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

187Page 41, line 27, leave out "(as nearly as may be)"
188Page 41, line 32, leave out "(as nearly as may be)"
189Page 41, line 38, leave out "(as nearly as may be)"
 

Clause 77

 

THE BARONESS SCOTLAND OF ASTHAL

189APage 42, line 5, leave out "under section 69" and insert "by the Secretary of State"
189BPage 42, line 21, leave out "under section 69" and insert "by the Secretary of State"
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

190Page 42, line 23, leave out "on a balance of probabilities" and insert "beyond reasonable doubt"
 

Clause 78

 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

191Page 42, line 36, leave out paragraph (c) and insert—
"(c)  injustice and oppression;"
 

Clause 79

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

192Leave out Clause 79 and insert the following new Clause—
"Rule against double jeopardy (No. 2)
  A person's extradition to a category 2 territory is barred by reason of the rule against double jeopardy if the judge is satisfied that the person has been finally judged by a category 2 territory in respect of the same acts and would be entitled to be discharged under the law of that territory."

 
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©Parliamentary copyright 2003
7 July 2003