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Amendments to the Extradition Bill

Extradition Bill


AMENDMENTS
TO BE MOVED
ON REPORT


 

Clause 1

 

THE BARONESS SCOTLAND OF ASTHAL

Page 1, line 6, leave out "Order in Council" and insert "order made by the Secretary of State"
 

Clause 2

 

THE BARONESS SCOTLAND OF ASTHAL

Page 1, line 15, leave out second "an" and insert "a judicial"
Page 2, line 42, leave out paragraph (a)
Page 2, line 46, leave out paragraph (a)
Page 3, line 2, leave out "Order in Council" and insert "order made by the Secretary of State"
Page 3, line 3, leave out "Order in Council" and insert "order"
 

Clause 4

 

THE BARONESS SCOTLAND OF ASTHAL

Page 3, line 31, leave out "and he asks to be shown the warrant"
Page 3, line 32, leave out "request" and insert "arrest"
Page 3, line 35, leave out "the person must be taken to be discharged" and insert "and the person applies to the judge to be discharged, the judge must order his discharge"
 

Clause 5

 

THE BARONESS SCOTLAND OF ASTHAL

Page 4, line 6, leave out from first "authority" to end
 

Clause 6

 

THE BARONESS SCOTLAND OF ASTHAL

Page 4, line 33, at end insert—
"(4A)  The Part 1 warrant or a copy of it must be shown to the person as soon as practicable after his arrest."
Page 4, line 34, after "(2)" insert "or (4A)"
Page 4, line 34, leave out "the person must be taken to be discharged" and insert "and the person applies to the judge to be discharged, the judge must order his discharge"
Page 4, line 38, at end insert—
"(7)  Subsection (8) applies if—
(a)  a person is arrested under section 5 on the basis of a belief that a Part 1 warrant has been or will be issued in respect of him;
(b)  the person is discharged under subsection (5).
(8)  The person must not be arrested again under section 5 on the basis of a belief relating to the same Part 1 warrant."
 

Clause 13

 

THE BARONESS SCOTLAND OF ASTHAL

Page 7, line 39, after "nationality" insert ", gender, sexual orientation"
Page 7, line 42, after "nationality" insert ", gender, sexual orientation"
 

Clause 18

 

THE BARONESS SCOTLAND OF ASTHAL

Page 9, leave out line 37
 

Clause 20

 

THE BARONESS SCOTLAND OF ASTHAL

Page 10, leave out lines 9 to 26 and insert "whether the person was convicted in his presence.
(2)  If the judge decides the question in subsection (1) in the affirmative he must proceed under section 21.
(3)  If the judge decides that question in the negative he must decide whether the person deliberately absented himself from his trial.
(4)  If the judge decides the question in subsection (3) in the affirmative he must proceed under section 21.
(5)  If the judge decides that question in the negative he must decide whether the person would be entitled to a retrial or (on appeal) to a review amounting to a retrial.
(6)  If the judge decides the question in subsection (5) in the affirmative he must proceed under section 21.
(7)  If the judge decides that question in the negative he must order the person's discharge."
 

Clause 31

 

THE BARONESS SCOTLAND OF ASTHAL

Page 14, line 12, after "period" insert "(the relevant period)"
Page 14, line 14, after first "the" insert "relevant"
Page 14, line 19, after fourth "the" insert "relevant"
Page 14, line 19, at end insert—
"(3A)  The High Court may extend the relevant period if it believes it to be in the interests of justice to do so; and this subsection may apply more than once.
(3B)  The power in subsection (3A) may be exercised even after the end of the relevant period."
 

Clause 37

 

THE BARONESS SCOTLAND OF ASTHAL

Page 18, leave out lines 34 and 35 and insert—
"(6)  Subsections (7) and (8) apply if the judge makes an order for extradition subject to a condition under subsection (3).
(7)  If the judge does not receive the undertaking before the end of the period of 21 days starting with the day on which he makes the order and the person applies to the appropriate judge to be discharged, the judge must order his discharge.
(8)  If the judge receives the undertaking before the end of that period—"
 

Clause 39

 

THE BARONESS SCOTLAND OF ASTHAL

Page 19, line 30, at end insert—
"(3A)  Subsection (3) is subject to section (Certificate in respect of asylum claimant)."
Page 19, line 34, at end insert—
"(za)  when the Secretary of State makes his decision on the claim, if there is no right to appeal against the Secretary of State's decision on the claim;"
Page 19, line 36, after "if" insert "there is such a right but"
Page 20, line 5, leave out subsections (9) to (11)
 

After Clause 39

 

THE BARONESS SCOTLAND OF ASTHAL

Insert the following new Clause—
  "Certificate in respect of asylum claimant
(1)  Section 39(3) does not apply in relation to a person if the Secretary of State has certified that the conditions in subsection (2) or the conditions in subsection (3) are satisfied in relation to him.
(2)  The conditions are that—
(a)  the category 1 territory to which the person's extradition has been ordered has accepted that, under standing arrangements, it is the responsible State in relation to the person's asylum claim;
(b)  in the opinion of the Secretary of State, the person is not a national or citizen of the territory.
(3)  The conditions are that, in the opinion of the Secretary of State—
(a)  the person is not a national or citizen of the category 1 territory to which his extradition has been ordered;
(b)  the person's life and liberty would not be threatened in that territory by reason of his race, religion, nationality, political opinion or membership of a particular social group;
(c)  the government of the territory would not send the person to another country otherwise than in accordance with the Refugee Convention.
(4)  In this section—
 "the Refugee Convention" has the meaning given by section 167(1) of the Immigration and Asylum Act 1999 (c. 33);
 "standing arrangements" means arrangements in force between the United Kingdom and the category 1 territory for determining which State is responsible for considering applications for asylum."
 

Clause 40

 

THE BARONESS SCOTLAND OF ASTHAL

Page 20, line 26, at end insert "as soon as practicable"
 

Clause 41

 

THE BARONESS SCOTLAND OF ASTHAL

Page 20, line 41, at end insert "as soon as practicable"
 

Clause 42

 

THE BARONESS SCOTLAND OF ASTHAL

Page 21, line 19, at end insert "as soon as practicable"
 

Clause 53

 

THE BARONESS SCOTLAND OF ASTHAL

Page 26, line 34, leave out "category 1"
Page 26, line 38, leave out "category 1"
Page 26, line 42, at end insert—
"(3A)  The judge must serve notice on the person that he has received the request for consent, unless he is satisfied that it would not be practicable to do so."
Page 27, line 9, leave out from beginning to "must" in line 10 and insert "the judge does not exercise the power in subsection (5) to extend the period, he"
 

Clause 54

 

THE BARONESS SCOTLAND OF ASTHAL

Page 27, line 16, leave out "category 1"
Page 27, line 31, at end insert—
"(8)  Consent is not required to the person being dealt with in the territory for the offence if the person has been given an opportunity to leave the territory and—
(a)  he has not done so before the end of the permitted period, or
(b)  if he did so before the end of the permitted period, he has returned there.
(9)  The permitted period is 45 days starting with the day on which the person arrived in the territory following his extradition there in accordance with this Part.
(10)  Subject to subsection (8), the judge must decide whether consent is required to the person being dealt with in the territory for the offence by reference to what appears to him to be the law of the territory or arrangements made between the territory and the United Kingdom."
 

Clause 55

 

THE BARONESS SCOTLAND OF ASTHAL

Page 28, line 4, at end insert—
"(3A)  The judge must serve notice on the person that he has received the request for consent, unless he is satisfied that it would not be practicable to do so."
Page 28, line 13, leave out from beginning to "must" in line 14 and insert "the judge does not exercise the power in subsection (5) to extend the period, he"
 

Clause 56

 

THE BARONESS SCOTLAND OF ASTHAL

Page 28, line 36, at end insert—
"(8)  Consent is not required to the person's extradition to the other territory for the offence if the person has been given an opportunity to leave the requesting territory and—
(a)  he has not done so before the end of the permitted period, or
(b)  if he did so before the end of the permitted period, he has returned there.
(9)  The permitted period is 45 days starting with the day on which the person arrived in the requesting territory following his extradition there in accordance with this Part.
(10)  Subject to subsection (8), the judge must decide whether consent is required to the person's extradition to the other territory for the offence by reference to what appears to him to be the arrangements made between the requesting territory and the United Kingdom."
 

Clause 57

 

THE BARONESS SCOTLAND OF ASTHAL

Page 28, line 39, after "territory" insert "(the requesting territory)"
Page 29, line 1, leave out "appropriate judge" and insert "Secretary of State"
Page 29, line 6, leave out "category 1" and insert "requesting"
Page 29, line 10, at end insert—
"(3A)  The Secretary of State must serve notice on the person that he has received the request for consent, unless he is satisfied that it would not be practicable to do so."
Page 29, line 11, leave out "judge" and insert "Secretary of State"
Page 29, line 13, leave out "judge" and insert "Secretary of State"
Page 29, line 14, at end insert—
"(5A)  If the Secretary of State decides that question in the affirmative he must decide whether the appropriate judge would send the case to him (for his decision whether the person was to be extradited) under sections 80 to 92 if—
(a)  the person were in the United Kingdom, and
(b)  the judge were required to proceed under section 80 in respect of the offence for which the Secretary of State's consent is requested.
(5B)  If the Secretary of State decides the question in subsection (5A) in the negative he must refuse his consent."
Page 29, line 15, leave out "judge" and insert "Secretary of State"
Page 29, line 15, leave out from "whether" to "if" in line 26
Page 29, line 30, leave out "must" and insert "may"
Page 29, line 33, leave out from beginning to "to" in line 34 and insert "This section applies in relation to any function which falls under this section to be exercised in relation to Scotland only as if the references in this section"

 
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©Parliamentary copyright 2003
16 October 2003