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Amendments to the Extradition Bill

Extradition Bill


AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE
[Supplementary to the Second Marshalled List]


 

Clause 50

 

THE LORD FILKIN

Page 25, line 15, leave out paragraph (c)
 

Clause 53

 

THE LORD FILKIN

Page 26, line 40, leave out "an" and insert "a judicial"
 

Clause 55

 

THE LORD FILKIN

Page 27, line 41, leave out "an" and insert "a judicial"
 

Clause 57

 

THE LORD FILKIN

Page 29, line 6, leave out "an" and insert "a judicial"
 

Clause 62

 

THE LORD FILKIN

Page 31, line 36, 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."
 

After Clause 62

 

THE LORD FILKIN

Insert the following new Clause—
  "Part 1 warrant: transmission by other electronic means
(1)  This section applies if a Part 1 warrant is issued and the information contained in the warrant—
(a)  is transmitted to the designated authority by electronic means (other than by facsimile transmission), and
(b)  is received by the designated authority in a form in which it is intelligible and which is capable of being used for subsequent reference.
(2)  This Act has effect as if the information received by the designated authority were the Part 1 warrant.
(3)  A copy of the information received by the designated authority may be received in evidence as if it were the Part 1 warrant."
Insert the following new Clause—
  "Persons serving sentences outside territory where convicted
(1)  This section applies if an arrest warrant is issued in respect of a person by an authority of a category 1 territory and the warrant contains the statement referred to in subsection (2).
(2)  The statement is one that—
(a)  the person is alleged to be unlawfully at large from a prison in one territory (the imprisoning territory) in which he was serving a sentence after conviction of an offence specified in the warrant by a court in another territory (the convicting territory), and
(b)  the person was serving the sentence in pursuance of international arrangements for prisoners sentenced in one territory to be repatriated to another territory in order to serve their sentence, and
(c)  the warrant is issued with a view to his arrest and extradition to the category 1 territory for the purpose of serving a sentence or another form of detention imposed in respect of the offence.
(3)  If the category 1 territory is either the imprisoning territory or the convicting territory, section 2(2)(b) has effect as if the reference to the statement referred to in subsection (5) of that section were a reference to the statement referred to in subsection (2) of this section.
(4)  If the category 1 territory is the imprisoning territory—
(a)  section 2(6)(e) has effect as if "the category 1 territory" read "the convicting territory";
(b)  section 10(2) has effect as if "an extradition offence" read "an extradition offence in relation to the convicting territory";
(c)  section 20 has effect as if,   in subsections (1)(c), (2)(c) and (3)(c), after "entitled" there were inserted "in the convicting territory";
(d)  section 37(5) has effect as if "a category 1 territory" read "the convicting territory" and as if "the category 1 territory" in both places read "the convicting territory";
(e)  section 51(4) has effect as if "a category 1 territory" read "the convicting territory" and as if "the category 1 territory" in both places read "the convicting territory";
(f)  section 64(1) has effect as if "a category 1 territory" read "the convicting territory";
(g)  section 64(2) has effect as if "the category 1 territory" in the opening words and paragraphs (a) and (c) read "the convicting territory" and as if "the category 1 territory" in paragraph (b) read "the imprisoning territory";
(h)  in section 64, subsections (3), (4), (5), (6) and (8) have effect as if "the category 1 territory" in each place read "the convicting territory"."
 

Clause 63

 

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

Page 32, line 22, after "Kingdom" insert "punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment"
 

Clause 134

 

THE LORD FILKIN

Page 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."
 

Clause 136

 

THE LORD FILKIN

Page 69, line 31, after "is" insert "alleged to be"
Page 69, line 33, after "offence" insert "specified in the request"
Page 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"."
 

After Clause 188

 

THE LORD FILKIN

Insert the following new Clause—
  "Re-extradition: preliminary
(1)  Section (Re-extradition hearing) applies in relation to a person if the conditions in subsections (2) to (6) are satisfied.
(2)  The first condition is that the person was extradited to a territory in accordance with Part 1 or Part 2.
(3)  The second condition is that the person was serving a sentence of imprisonment or another form of detention in the United Kingdom (the UK sentence) before he was extradited.
(4)  The third condition is that—
(a)  if the person was extradited in accordance with Part 1, the Part 1 warrant in pursuance of which he was extradited contained a statement that it was issued with a view to his extradition for the purpose of being prosecuted for an offence;
(b)  if the person was extradited in accordance with Part 2, the request in pursuance of which the person was extradited contained a statement that the person was accused of the commission of an offence.
(5)  The fourth condition is that a certificate issued by a judicial authority of the territory shows that—
(a)  a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment (the overseas sentence) was imposed on the person in the territory;
(b)  the overseas sentence was imposed on him in respect of—
(i)  the offence specified in the warrant or request, or
(ii)  any other offence committed before his extradition in respect of which he was permitted to be dealt with in the territory.
(6)  The fifth condition is that before serving the overseas sentence the person was returned to the United Kingdom to serve the remainder of the UK sentence."
Insert the following new Clause—
  "Re-extradition hearing
(1)  If this section applies in relation to a person, as soon as practicable after the relevant time the person must be brought before the appropriate judge for the judge to decide whether the person is to be extradited again to the territory in which the overseas sentence was imposed.
(2)  The relevant time is the time at which the person would otherwise be released from detention pursuant to the UK sentence (whether or not on licence).
(3)  If subsection (1) is not complied with the person must be taken to be discharged.
(4)  The person must be treated as continuing in legal custody until he is brought before the appropriate judge under subsection (1) or he is taken to be discharged under subsection (3).
(5)  If the person is brought before the appropriate judge under subsection (1) the judge must decide whether the territory in which the overseas sentence was imposed is—
(a)  a category 1 territory;
(b)  a category 2 territory;
(c)  neither a category 1 territory nor a category 2 territory.
(6)  If the judge decides that the territory is a category 1 territory, section (Re-extradition to category 1 territories) applies.
(7)  If the judge decides that the territory is a category 2 territory, section (Re-extradition to category 2 territories) applies.
(8)  If the judge decides that the territory is neither a category 1 territory nor a category 2 territory, he must order the person's discharge.
(9)  A person's discharge as a result of this section or section (Re-extradition to category 1 territories) or (Re-extradition to category 2 territories) does not affect any conditions on which he is released from detention pursuant to the UK sentence.
(10)  Section 139 applies for determining the appropriate judge for the purposes of this section."
Insert the following new Clause—
  "Re-extradition to category 1 territories
(1)  If this section applies, this Act applies as it would if—
(a)  a Part 1 warrant had been issued in respect of the person;
(b)  the warrant contained a statement that—
(i)  the person was alleged to be unlawfully at large after conviction of the relevant offence, and
(ii)  the warrant was issued with a view to the person's arrest and extradition to the territory for the purpose of serving a sentence imposed in respect of the relevant offence;
(c)  the warrant were issued by the authority of the territory which issued the certificate referred to in section (Re-extradition: preliminary) (5);
(d)  the relevant offence were specified in the warrant;
(e)  the judge were the appropriate judge for the purposes of Part 1;
(f)  the hearing at which the judge is to make the decision referred to in section (Re-extradition hearing) (1) were the extradition hearing;
(g)  the proceedings before the judge were under Part 1.
(2)  As applied by subsection (1) this Act has effect with the modifications set out in Part 1 of Schedule (Re-extradition: modifications).
(3)  The relevant offence is the offence in respect of which the overseas sentence is imposed."
Insert the following new Clause—
  "Re-extradition to category 2 territories
(1)  If this section applies, this Act applies as it would if—
(a)  a valid request for the person's extradition to the territory had been made;
(b)  the request contained a statement that the person was alleged to be unlawfully at large after conviction of the relevant offence;
(c)  the relevant offence were specified in the request;
(d)  the hearing at which the appropriate judge is to make the decision referred to in section (Re-extradition hearing) (1) were the extradition hearing;
(e)  the proceedings before the judge were under Part 2.
(2)  As applied by subsection (1) this Act has effect with the modifications set out in Part 2 of Schedule (Re-extradition: modifications).
(3)  The relevant offence is the offence in respect of which the overseas sentence is imposed."
 

Before the Schedule

 

THE LORD FILKIN

Insert 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
12 June 2003