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Amendments to the Extradition Bill

Extradition Bill


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


 

Clause 69

 

THE BARONESS SCOTLAND OF ASTHAL

Page 37, line 6, leave out subsection (10)
 

Clause 70

 

THE BARONESS SCOTLAND OF ASTHAL

Page 37, line 33, after "constable" insert "or customs officer"
 

Clause 72

 

THE BARONESS SCOTLAND OF ASTHAL

Page 39, line 20, after "constable" insert "or customs officer"
 

Clause 73

 

THE BARONESS SCOTLAND OF ASTHAL

Page 40, line 31, leave out "40" and insert "45"
 

Clause 77

 

THE BARONESS SCOTLAND OF ASTHAL

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

Clause 83

 

THE BARONESS SCOTLAND OF ASTHAL

Page 44, line 11, at end insert—
"(2A)  In deciding whether to treat a statement made by a person in a document as admissible evidence of a fact, the judge must in particular have regard—
(a)  to the nature and source of the document;
(b)  to whether or not, having regard to the nature and source of the document and to any other circumstances that appear to the judge to be relevant, it is likely that the document is authentic;
(c)  to the extent to which the statement appears to supply evidence which would not be readily available if the statement were not treated as being admissible evidence of the fact;
(d)  to the relevance of the evidence that the statement appears to supply to any issue likely to have to be determined by the judge in deciding the question in subsection (1);
(e)  to any risk that the admission or exclusion of the statement will result in unfairness to the person whose extradition is sought, having regard in particular to whether it is likely to be possible to controvert the statement if the person making it does not attend to give oral evidence in the proceedings."
 

Clause 85

 

THE BARONESS SCOTLAND OF ASTHAL

Page 45, line 18, at end insert—
"(2A)  In deciding whether to treat a statement made by a person in a document as admissible evidence of a fact, the judge must in particular have regard—
(a)  to the nature and source of the document;
(b)  to whether or not, having regard to the nature and source of the document and to any other circumstances that appear to the judge to be relevant, it is likely that the document is authentic;
(c)  to the extent to which the statement appears to supply evidence which would not be readily available if the statement were not treated as being admissible evidence of the fact;
(d)  to the relevance of the evidence that the statement appears to supply to any issue likely to have to be determined by the judge in deciding the question in subsection (1);
(e)  to any risk that the admission or exclusion of the statement will result in unfairness to the person whose extradition is sought, having regard in particular to whether it is likely to be possible to controvert the statement if the person making it does not attend to give oral evidence in the proceedings."

 
 
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18 June 2003