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Amendments to the Extradition Bill

Extradition Bill


AMENDMENTS
TO BE MOVED
ON REPORT


 

Before Clause 1

 

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

Insert the following new Clause—
  "Purpose of this Act
  The purpose of this Act is to make provision about extradition and to give effect to the Council Framework Decision of 13th June 2002, on the European arrest warrant and the surrender procedures between Member States."
 

Clause 1

 

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

Page 1, line 6 at end insert "and only applies to persons who have been charged with or convicted of terrorist offences"
Page 1, line 11, at end insert—
"(   )  "Terrorist offences" means offences involving action which falls within the definition of "terrorism" in section 1 of the Terrorism Act 2000 (c. 11) (terrorism: interpretation)."
Page 1, line 11, at end insert—
"(   )  A territory may only be designated for the purposes of this Part if it is a party to the framework decision on the European arrest warrant and the surrender procedures between Member States."
Leave out Clause 1
 

After Clause 1

 

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

Insert the following new Clause—
  "Part 1 Warrant: Authority to Proceed
(1)  When the designated authority receives a Part 1 warrant it shall make an application to the High Court or, in Scotland, to the Court of Session, for authority to proceed with the warrant under this section.
(2)  The court must make an order giving authority to proceed with the warrant under this Part if it is satisfied that the person in respect of whom the warrant is issued faces charges, or has been convicted of, an offence in a category 1 territory which involves conduct which, if it occurred in or outside the United Kingdom, would constitute an offence under the law of the United Kingdom.
(3)  In any other case, the court may make an order giving authority to proceed with the warrant under this Part of this Act if, having regard to all the circumstances, it is satisfied that it is in the interests of justice to do so.
(4)  A decision of the High Court in an application, or the Court of Session in an application, to make an order giving authority to proceed under this section shall be final and shall not be subject to appeal.
(5)  A person shall not be dealt with under this Part of this Act except in pursuance of an order made under subsection (2) or (3).
(6)  The Lord Chancellor shall make an annual report to both Houses of Parliament on the cases in which the High Court has exercised its discretion under subsection (3) to make an order giving authority to proceed.
(7)  The following provisions of this Part are subject to the provisions of this section."
 

Clause 2

 

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

Page 2, line 4, leave out "is accused" and insert "faces charges"
Page 2, line 5, leave out "an" and insert "a terrorist"
Page 2, line 8, at end insert "terrorist"
Page 2, line 9, at end insert—
"(   )  The term "for the purpose of being prosecuted for the offence" in subsection (3)(b) is understood to mean—
(a)  that sufficient evidence has already been gathered to bring a prosecution and to commit to trial the person in respect of whom the warrant is issued; and
(b)  the extradition sought by the requesting state must be only for the purpose of putting the person on trial, and not for the purpose of interrogation or gathering evidence."
 

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

Page 2, line 15, leave out from "including" to end of line 17 and insert "a description of the circumstances in which the offence was committed, including the time, place and degree of participation in the offence by the requested person, the nature and legal classification of the offence and the applicable statutory provision;"
 

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

Page 2, line 23, leave out "an" and insert "a terrorist"
Page 2, line 26, at end insert "terrorist"
Page 2, line 28, after "the" insert "terrorist"
Page 3, line 1, leave out from "is" to end of line 2 and insert "the Secretary of State"
Page 3, line 3, leave out subsection (10)
Leave out Clause 2
 

Clause 3

 

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

Page 3, line 27, at end insert—
"(   )  For the purposes of this section—
  "constable" shall be a constable of the United Kingdom, and "customs officer" shall be a United Kingdom customs officer."
 

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

Leave out Clause 3
 

Clause 4

 

THE LORD GOODHART
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 3, line 30, leave out subsection (2) and insert—
"(2)  A copy of the warrant must be given to the person as soon as practicable after his arrest."
 

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

Page 3, line 32, after "him" insert "in a language he understands"
 

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

Page 3, line 32, at end insert—
"(2A)  Failure to fulfil the duty under subsection (2), to provide a warrant or copy of the warrant as soon as practicable after arrest, will not result in the automatic discharge of the person."
 

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

Page 3, line 33, leave out "as soon as practicable" and insert "within 48 hours"
 

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

Leave out Clause 4
 

Clause 5

 

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

Page 4, line 3, leave out "reason to believe" and insert" reasonable grounds for believing"
 

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

Page 4, line 4, leave out "or will be"
Page 4, line 22, at end insert—
"(   )  For the purposes of this section—
  "constable" shall be a constable of the United Kingdom, and
  "customs officer" shall be a United Kingdom customs officer."
 

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

Leave out Clause 5
 

Clause 6

 

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

Leave out Clause 6
 

Clause 7

 

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

Page 5, line 9, leave out "on a balance of probabilities" and insert "beyond reasonable doubt"
Page 5, line 10, at end insert—
"(   )  For the purposes of subsection (3), the burden of proving the person's identity is on the prosecution."
 

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

Leave out Clause 7
 

Clause 8

 

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

Page 5, line 34, at end insert—
"(   )  ensure that the person has had the opportunity to receive independent legal advice about the implications of giving or withholding consent to extradition;"
 

THE LORD GOODHART
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 6, line 6, leave out "there are exceptional circumstances" and insert "that the interests of justice so require"
 

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

Leave out Clause 8
 

Clause 9

 

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

Leave out Clause 9
 

Clause 10

 

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

Page 6, line 36, leave out "an extradition" and insert "a terrorist"
Leave out Clause 10
 

Clause 11

 

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

Leave out Clause 11
 

Clause 12

 

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

Leave out Clause 12
 

Clause 13

 

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

Leave out Clause 13
 

Clause 14

 

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

Leave out Clause 14
 

Clause 15

 

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

Leave out Clause 15
 

Clause 16

 

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

Leave out Clause 16
 

Clause 17

 

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

Leave out Clause 17
 

Clause 18

 

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

Leave out Clause 18
 

Clause 19

 

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

Leave out Clause 19
 

Clause 20

 

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

Page 10, line 4, at end insert—
"(   )  When determining whether the ground in subsection (1)(b) above has been made out, the issuing country must establish to the court's satisfaction that the person deliberately absented himself."
Page 10, line 15, leave out from "that" to "be" in line 18 and insert—
"(a)  he was convicted in his absence, and
(b)  it would not be in the interests of justice to return him on the ground of that conviction, taking particular account of the conduct of the proceedings which resulted in conviction and whether the person would"
 

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

Page 10, line 26, at end insert—
"(   )  For the purposes of this section, the judge should not regard as a retrial or (on appeal) a review amounting to a retrial, any proceedings that do not in particular include provision for—
(a)  the suspect to be present at the retrial;
(b)  the suspect to have like rights to hear and examine witnesses as he would have done at the original trial;
(c)  the suspect to have the same right to publicly funded legal services as any suspect or defendant."
 

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

Leave out Clause 20

 
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19 September 2003