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Amendments to the Extradition Bill

Extradition Bill


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


 

Clause 153

 

THE BARONESS SCOTLAND OF ASTHAL

Page 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)  "
Page 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

Insert 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 SCOTLAND OF ASTHAL

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

Clause 161

 

THE BARONESS SCOTLAND OF ASTHAL

Page 86, line 30, after "believing" insert "—
(a)  if the person has not been convicted of the relevant offence,"
Page 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"
Page 86, line 39, leave out "or has been convicted"
Page 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)."
Page 87, line 4, leave out "subsection (4)" and insert "subsections (4) and (4A)"
 

Clause 163

 

THE BARONESS SCOTLAND OF ASTHAL

Page 88, line 11, after "suspecting" insert "—
(a)  if the person has not been convicted of the relevant offence,"
Page 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"
Page 88, line 21, leave out "or has been convicted"
Page 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)."
Page 88, line 30, leave out "subsection (4)" and insert "subsections (4) and (4A)"
 

Before Clause 176

 

THE BARONESS SCOTLAND OF ASTHAL

Insert the following new Clause—
  "Extradition from British overseas territories
(1)  This section applies in relation to extradition—
(a)  from a British overseas territory to a category 1 territory;
(b)  from a British overseas territory to the United Kingdom;
(c)  from a British overseas territory to a category 2 territory;
(d)  from a British overseas territory to any of the Channel Islands or the Isle of Man.
(2)  An Order in Council may provide for any provision of this Act applicable to extradition from the United Kingdom to apply to extradition in a case falling within subsection (1)(a) or (b).
(3)  An Order in Council may provide for any provision of this Act applicable to extradition from the United Kingdom to a category 2 territory to apply to extradition in a case falling within subsection (1)(c) or (d).
(4)  An Order in Council under this section may provide that the provision applied has effect with specified modifications."
Insert the following new Clause—
  "Extradition to British overseas territories
(1)  This section applies in relation to extradition—
(a)  to a British overseas territory from a category 1 territory;
(b)  to a British overseas territory from the United Kingdom;
(c)  to a British overseas territory from a category 2 territory;
(d)  to a British overseas territory from any of the Channel Islands or the Isle of Man.
(2)  An Order in Council may provide for any provision of this Act applicable to extradition to the United Kingdom to apply to extradition in a case falling within subsection (1)(a) or (b).
(3)  An Order in Council may provide for any provision of this Act applicable to extradition to the United Kingdom from a category 2 territory to apply to extradition in a case falling within subsection (1)(c) or (d).
(4)  An Order in Council under this section may provide that the provision applied has effect with specified modifications."
 

Clause 176

 

THE BARONESS SCOTLAND OF ASTHAL

 The Baroness Scotland of Asthal gives notice of her intention to oppose the Question that Clause 176 stand part of the Bill.
 

Clause 177

 

THE BARONESS SCOTLAND OF ASTHAL

 The Baroness Scotland of Asthal gives notice of her intention to oppose the Question that Clause 177 stand part of the Bill.
 

Clause 178

 

THE BARONESS SCOTLAND OF ASTHAL

 The Baroness Scotland of Asthal gives notice of her intention to oppose the Question that Clause 178 stand part of the Bill.
 

Clause 179

 

THE BARONESS SCOTLAND OF ASTHAL

 The Baroness Scotland of Asthal gives notice of her intention to oppose the Question that Clause 179 stand part of the Bill.
 

Clause 180

 

THE BARONESS SCOTLAND OF ASTHAL

 The Baroness Scotland of Asthal gives notice of her intention to oppose the Question that Clause 180 stand part of the Bill.
 

Before Clause 189

 

THE BARONESS SCOTLAND OF ASTHAL

Insert the following new Clause—
  "Lord Advocate: role in extradition proceedings
  The Lord Advocate may—
(a)  conduct any extradition proceedings in Scotland;
(b)  give, to such extent as he considers appropriate, and to such persons as he considers appropriate, advice on any matters relating to extradition proceedings or proposed extradition proceedings, in Scotland."
Insert the following new Clause—
  "Crown Prosecution Service: role in extradition proceedings
(1)  The Prosecution of Offences Act 1985 (c. 23) is amended as follows.
(2)  In section 3 (functions of the Director) after subsection (2) insert—
    "(2A)  The Director may—
    (a)  have the conduct of any extradition proceedings;
    (b)  give, to such extent as he considers appropriate, and to such persons as he considers appropriate, advice on any matters relating to extradition proceedings or proposed extradition proceedings."
(3)  In section 5(1) (conduct of prosecutions on behalf of Crown Prosecution Service) after "criminal proceedings" insert "or extradition proceedings".
(4)  In section 14 (control of fees and expenses etc paid by the Service) in subsection (1)(a) after "criminal proceedings" insert "or extradition proceedings".
(5)  In section 15(1) (interpretation of Part 1) in the appropriate place insert—
     ""extradition proceedings" means proceedings under the Extradition Act 2003;"."
Insert the following new Clause—
  "Special extradition arrangements
(1)  This section applies if the Secretary of State believes that—
(a)  arrangements have been made between the United Kingdom and another territory for the extradition of a person to the territory, and
(b)  the territory is not a category 1 territory or a category 2 territory.
(2)  The Secretary of State may certify that the conditions in paragraphs (a) and (b) of subsection (1) are satisfied in relation to the extradition of the person.
(3)  If the Secretary of State issues a certificate under subsection (2) this Act applies in respect of the person's extradition to the territory as if the territory were a category 2 territory.
(4)  As applied by subsection (3), this Act has effect—
(a)  as if sections 70(4), 72(5), 73(10)(b), 83(6) and 85(6) were omitted;
(b)  with any other modifications specified in the certificate.
(5)  A certificate under subsection (2) in relation to a person is conclusive evidence that the conditions in paragraphs (a) and (b) of subsection (1) are satisfied in relation to the person's extradition."
 

Clause 198

 

THE BARONESS SCOTLAND OF ASTHAL

Page 110, line 13, leave out "pursuant to" and insert "for the purpose of assisting in the exercise of"
 

After Clause 200

 

THE BARONESS SCOTLAND OF ASTHAL

Insert the following new Clause—
  "Article 95 alerts: transitional provision
(1)  This section applies in a case where an article 95 alert is issued before 1 January 2004 by an authority of a category 1 territory.
(2)  In such a case, this Act applies as if—
(a)  the alert were a Part 1 warrant issued by the authority;
(b)  any information sent with the alert relating to the case were included in the warrant.
(3)  As applied by subsection (2), this Act has effect with these modifications—
(a)  in sections 2(7) and (8), 28(1), 30(1) and (4)(d), 32(2)(b), 33(6)(b), 35(4)(b), 36(3)(b), 46(3)(b) and 48(3)(b), for "authority which issued the Part 1 warrant" substitute "authority at the request of which the alert was issued";
(b)  omit section 5;
(c)  in sections 33(4)(b), 41(2)(a), 42(2)(a) and (4) and 60(1)(d) and (e), for "authority which issued the warrant" substitute "authority at the request of which the alert was issued";
(d)  in section 65(2), for the words from "believes" to the end substitute "believes is the authority at the request of which the alert was issued".
(4)  An article 95 alert is an alert issued pursuant to article 95 of the Convention implementing the Schengen agreement of 14th June 1985."
 

Clause 212

 

THE BARONESS SCOTLAND OF ASTHAL

Page 115, line 35, after "Sections" insert "(Restriction on bail where undertaking given by Secretary of State),"
Page 115, line 36, leave out "Section 184" and insert "Sections 184 and 194"

 
 
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©Parliamentary copyright 2003
4 July 2003