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

House of Lords

back to previous amendments

 

Clause 67

 

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

Page 36, line 29, leave out subsection (3)
 

THE LORD GOODHART

Page 36, line 29, leave out from "in" to the end of line 30 and insert "Schedule (European framework list)"
 

THE LORD GOODHART
THE BARONESS ANELAY OF ST JOHNS

Page 36, line 30, at end insert—
"(   )  The conduct described in the European framework list as racism and xenophobia shall not be treated as included in that list until the member states of the European Union have adopted a framework decision on racism and xenophobia."
Page 36, line 30, at end insert—
"(3A)  The European framework list may be amended by Order in Council.
(3B)  No Order in Council may be made under subsection (3A) unless it has been laid before Parliament and approved by a resolution of each House."
 

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

Leave out Clause 67
 

Clause 68

 

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

Leave out Clause 68
 

Clause 69

 

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

Leave out Clause 69
 

Clause 72

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS
THE LORD GOODHART

Page 38, line 22, leave out "it appears to the judge" and insert "the judge has reasonable grounds for believing"
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 38, line 39, leave out from first "any" to end of line 40 and insert "United Kingdom constable or United Kingdom customs officer or service policeman"
 

Clause 73

 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

Page 39, line 14, 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 VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 39, line 16, after "him" insert "in a language he understands"
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS
THE LORD GOODHART

Page 39, line 16, 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 VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 39, line 17, leave out "as soon as practicable" and insert "within 48 hours"
Page 39, line 28, at end insert—
"(   )  ensure that the person has had the opportunity to receive independent legal advice about the implications of giving or witholding consent to extradition;"
 

Clause 74

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 40, line 26, leave out from first "any" to end of line 27 and insert "United Kingdom constable or United Kingdom customs officer or service policeman"
 

Clause 75

 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

Page 41, line 7, 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 VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 41, line 9, after "him" insert "in a language he understands"
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS
THE LORD GOODHART

Page 41, line 9, 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 VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 41, line 10, leave out "as soon as practicable" and insert "within 48 hours"
Page 41, line 24, 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;"
 

Clause 76

 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

Page 42, line 11, leave out "there are exceptional circumstances" and insert "the interests of justice so require"
 

Clause 77

 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

Page 42, line 26, leave out "there are exceptional circumstances" and insert "the interests of justice so require"
 

Clause 79

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS
THE LORD GOODHART

Page 43, line 30, leave out "on a balance of probabilities" and insert "beyond reasonable doubt"
Page 43, line 31, at end insert—
"(   )  For the purposes of subsection (3), the burden of proving the person's identity is on the prosecution."
 

Clause 80

 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

Page 44, line 3, after "affirmative" insert "or if it appears to the judge that the accusation against the person is not made in good faith in the interests of justice"
 

THE LORD GOODHART

Page 44, line 5, leave out "decides those questions in the negative" and insert "does not order the person's discharge under subsection (3)"
 

Clause 85

 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

Page 46, line 1, at end insert—
"(   )  A category 2 territory may not be designated under subsection (6) unless on the coming into force of the designation the legal conditions on which persons may be extradited from that territory to the United Kingdom are substantially similar to the legal conditions on which persons may be extradited from the United Kingdom to that territory."
 

Clause 86

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 46, line 15, at end insert—
"(   )  When determining whether the ground in subsection (1)(b) has been made out, the issuing country must establish to the court's satisfaction that the person deliberately absented himself."
Page 46, line 16, leave out from "that" to "entitled" in line 19 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 be"
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS
THE LORD GOODHART

Page 46, line 29, 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."
 

Clause 93

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS
THE LORD GOODHART

Page 49, line 10, after "language" insert "which he understands"
 

Clause 95

 

THE LORD GOODHART

Page 50, line 8, at end insert "or if conviction of the offence will result in a mandatory sentence of life imprisonment without possibility of release"
 

Clause 101

 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS
THE LORD GOODHART

Page 52, line 30, after "language" insert "which he understands"
 

Clause 161

 

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

Page 87, line 9, after "visible" insert "comprehensible"
Page 87, line 10, after "visible" insert "comprehensible"
 

Clause 197

 

THE LORD GOODHART

Page 109, line 9, leave out "the Secretary of State believes that"
 

Clause 206

 

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

Page 116, line 20, at end insert "(including in particular, the protection of the United Kingdom against threats from espionage, terrorism and sabotage, from the activities of agents of foreign powers and from actions intended to overthrow or undermine parliamentary democracy by political, industrial or violent means and the safeguarding of the economic well-being of the United Kingdom against threats posed by the actions or intentions of persons outside the British Islands)"
 

After Clause 208

 

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

Insert the following new Clause—
  "Compatibility with the Crime International (Co-operation) Act 2003
  The Secretary of State shall certify that the provisions of this Act are compatible with the provisions of the Crime International (Co-operation) Act 2003."
Insert the following new Clause—
  "Annual report
  For the first five years after the commencement of this Act, the Secretary of State shall publish and lay before both Houses of Parliament an annual report on the operation of the provisions of the Act."
 

Clause 219

 

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

Page 121, line 30, at beginning insert "Subject to subsection (5A),"
Page 121, line 32, at end insert—
"(5A)  An order under section 219 which makes provision for any or all of the provisions of this Act to have effect in relation to any extradition proceedings that were commenced when the Extradition Act 1989 (c. 33) was for the time being in force, shall not be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament."
 

Before Schedule 1

 

THE LORD GOODHART

Insert the following new Schedule—
 

"EUROPEAN FRAMEWORK LIST

1      Participation in a criminal organisation.
2      Terrorism.
3      Trafficking in human beings.
4      Sexual exploitation of children and child pornography.
5      Illicit trafficking in narcotic drugs and psychotrophic substances.
6      Illicit trafficking in weapons, munitions and explosives.
7      Corruption.
8      Fraud, including that affecting the financial interests of the European Communities within the meaning of the Convention of 26 July 1995 on the protection of the European Communities' financial interests.
9      Laundering of the proceeds of crime.
10      Counterfeiting currency, including of the euro.
11      Computer-related crime.
12      Environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties.
13      Facilitation of unauthorised entry and residence.
14      Murder, grievous bodily injury.
15      Illicit trade in human organs and tissue.
16      Kidnapping, illegal restraint and hostage-taking.
17      Racism and xenophobia.
18      Organised or armed robbery.
19      Illicit trafficking in cultural goods, including antiques and works of art.
20.      Swindling.
21      Racketeering and extortion.
22      Counterfeiting and piracy of products.
23      Forgery of administrative documents and trafficking therein.
24      Forgery of means of payment.
25      Illicit trafficking in hormonal substances and other growth promoters.
26      Illicit trafficking in nuclear or radioactive materials
27      Trafficking in stolen vehicles.
28      Rape.
29      Arson.
30      Crimes within the jurisdiction of the International Criminal Court.
31      Unlawful seizure of aircraft/ships.
32      Sabotage."

 
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©Parliamentary copyright 2003
19 September 2003