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

House of Lords

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Clause 129

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

226Page 66, line 43, at end insert—
"(   )  The Secretary of State must satisfy himself that the suspect has been notified of the second request and has an opportunity to make meaningful representations at the consent hearing, either in person or through his legal representatives."
 

THE LORD GOODHART

227Page 66, line 43, at end insert—
"(8)  The Secretary of State must satisfy himself that the suspect has been notified of the second request and has had an opportunity to make representations, either in person or through his legal representatives.
(9)  If the Secretary of State is not satisfied that the requirements of subsection (8) have been met he must refuse his consent."
 

Clause 130

 

THE LORD DONALDSON OF LYMINGTON

228Page 67, line 11, leave out "does not" and insert "shall"
229Page 67, line 11, at end insert "only if he is acquitted of all offences in respect of which he was extradited"
 

Clause 132

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

230Page 68, line 37, at end insert—
"(   )  In determining an amount under subsections (6) and (7), the judge or court making the order shall give his or its reasons for calculating the amount of compensation."
 

Clause 134

 

THE LORD FILKIN

230APage 69, line 6, leave out subsections (1) and (2) and insert—
"(1)  This section applies if a document to be sent in connection with proceedings under this Part is sent by facsimile transmission.
(2)  This Act has effect as if the document received by facsimile transmission were the document used to make the transmission.
(3)  The document received by facsimile transmission may be received in evidence accordingly."
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

231Page 69, line 11, at end insert—
"(   )  The Secretary of State (or in Scotland the Scottish Ministers) may by regulations set out requirements to ensure the security of any documents sent under subsection (1)."
 

Clause 136

 

THE LORD FILKIN

231APage 69, line 31, after "is" insert "alleged to be"
231BPage 69, line 33, after "offence" insert "specified in the request"
231CPage 70, line 14, at end insert—
"(e)  section 84 has effect as if, in subsections (1)(c), (2)(c) and (3)(c), after "entitled" there were inserted "in the convicting territory";
(f)  section 117(4) has effect as if "a category 2 territory" read "the convicting territory" and as if "the category 2 territory" in both places read "the convicting territory";
(g)  section 138(1) has effect as if "a category 2 territory" read "the convicting territory";
(h)  in section 138, subsections (2), (3), (4), (5) and (7) have effect as if "the category 2 territory" read "the convicting territory"."
 

Clause 139

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

232Page 73, line 26, at beginning insert "subject to subsection (1A),"
233Page 73, line 30, 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."
 

Clause 146

 

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

234Page 77, line 9, leave out paragraph (d)
 

Clause 148

 

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

235Page 78, line 24, at end insert "or, if the conduct constituted an offence under the Female Genital Mutilation Act 2003, any sentence of imprisonment or detention has been imposed in the United Kingdom in respect of that conduct"
236Page 78, line 31, at end insert "or, if the conduct constituted an offence under the Female Genital Mutilation Act 2003, any sentence of imprisonment or detention has been imposed in the United Kingdom in respect of that conduct"
 

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 148 stand part of the Bill.
 

Clause 149

 

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

237Page 78, line 39, at beginning insert "subject to subsection (1A),"
238Page 78, line 44, 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."
 

Clause 153

 

THE BARONESS SCOTLAND OF ASTHAL

238APage 80, line 32, after "from" insert "—
(i)  a category 1 territory under law of the territory corresponding to Part 1 of this Act, or
(ii)  "
238BPage 81, line 4, leave out from "back" to end of line and insert ", free of charge and with as little delay as possible, to the territory from which he was extradited to the United Kingdom in respect of the offence."
 

Before Clause 154

 

THE BARONESS SCOTLAND OF ASTHAL

238CInsert the following new Clause—
  "Restriction on bail where undertaking given by Secretary of State
(1)  This section applies in relation to a person if—
(a)  the Secretary of State has given an undertaking in connection with the person's extradition to the United Kingdom, and
(b)  the undertaking includes terms that the person be kept in custody until the conclusion of any proceedings against him in the United Kingdom for an offence.
(2)  A court, judge or justice of the peace may grant bail to the person in the proceedings only if the court, judge or justice of the peace considers that there are exceptional circumstances which justify it."
 

Clause 155

 

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

239Page 81, line 27, at end insert "and that there are reasonable grounds for believing that the material is located in the premises specified in the application"
 

THE BARONESS SCOTLAND OF ASTHAL

239APage 82, line 13, leave out "judge" and insert "justice of the peace"
239BPage 82, line 40, leave out "subsection (1)" and insert "subsections (1) and (7)"
239CPage 82, line 44, at end insert—
"(e)  subsections (8)(e) and (9) are omitted."
 

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

 The above-named Lords give notice of their intention to oppose the Question that Clause 155 stand part of the Bill.
 

Clause 158

 

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 158 stand part of the Bill.
 

Clause 160

 

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

240Page 86, line 11, after "anything" insert "(other than items subject to legal privilege)"
 

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 160 stand part of the Bill.
 

Clause 161

 

THE BARONESS SCOTLAND OF ASTHAL

240APage 86, line 30, after "believing" insert "—
(a)  if the person has not been convicted of the relevant offence,"
240BPage 86, line 31, leave out "or" and insert ";
(b)  in any case, that there is on the premises evidence (other than items subject to legal privilege) relating"
 

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

241Page 86, line 35, leave out paragraph (b)
 

THE BARONESS SCOTLAND OF ASTHAL

241APage 86, line 39, leave out "or has been convicted"
241BPage 86, line 42, leave out paragraphs (a) and (b) and insert "—
(a)  if the person has not been convicted of the relevant offence, is a power to search for evidence (other than items subject to legal privilege) relating to the relevant offence;
(b)  in any case, is a power to search for evidence (other than items subject to legal privilege) relating to the identity of the person.
(4A)  The power to search conferred by subsection (2) is exercisable only to the extent that it is reasonably required for the purpose of discovering evidence in respect of which the power is available by virtue of subsection (4)."
 

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

242Page 87, line 2, at end insert—
"(   )  is exercisable only if there are reasonable grounds for believing that it is necessary to seize the item in order to prevent it being concealed, lost, damaged, altered or destroyed."
 

THE BARONESS SCOTLAND OF ASTHAL

242APage 87, line 4, leave out "subsection (4)" and insert "subsections (4) and (4A)"
 

Clause 162

 

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

243Page 87, line 37, leave out "or gloves" and insert "headgear, gloves or footwear"
 The above-named Lords give notice of their intention to oppose the Question that Clause 162 stand part of the Bill.
 

Clause 163

 

THE BARONESS SCOTLAND OF ASTHAL

243APage 88, line 11, after "suspecting" insert "—
(a)  if the person has not been convicted of the relevant offence,"
243BPage 88, line 13, leave out "or" and insert ";
(b)  in any case, that there is on the premises evidence (other than items subject to legal privilege) relating"
243CPage 88, line 21, leave out "or has been convicted"
243DPage 88, line 24, leave out paragraphs (a) and (b) and insert "—
(a)  if the person has not been convicted of the relevant offence, is a power to search for evidence (other than items subject to legal privilege) relating to the relevant offence;
(b)  in any case, is a power to search for evidence (other than items subject to legal privilege) relating to the identity of the person.
(4A)  The power to search conferred by subsection (2) is exercisable only to the extent that it is reasonably required for the purpose of discovering evidence in respect of which the power is available by virtue of subsection (4)."
243EPage 88, line 30, leave out "subsection (4)" and insert "subsections (4) and (4A)"
 

THE BARONESS CARNEGY OF LOUR
THE BARONESS ANELAY OF ST JOHNS
THE EARL OF MAR AND KELLIE

244Page 88, line 39, after "if" insert—
"(a)  in Scotland, a sheriff, on application made to him by a procurator fiscal, and if satisfied that there are reasonable grounds for believing that it is necessary to seize the item to prevent it being concealed, lost, damaged, altered or destroyed, has given written authorisation for the exercise of these powers; or
(b)  in England, Wales and Northern Ireland"
 

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

245Page 88, line 42, leave out subsection (9)
 

THE BARONESS CARNEGY OF LOUR
THE BARONESS ANELAY OF ST JOHNS
THE EARL OF MAR AND KELLIE

246Page 89, line 3, leave out "Subsections (8) and (9) do" and insert "Subsection (9) does"

 
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7 July 2003