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

House of Lords

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Clause 122

 

THE BARONESS SCOTLAND OF ASTHAL

Page 64, line 14, at end insert "as soon as practicable"
 

Clause 124

 

THE BARONESS SCOTLAND OF ASTHAL

Page 64, line 40, at end insert "as soon as practicable"
 

Clause 125

 

THE BARONESS SCOTLAND OF ASTHAL

Page 65, line 21, at end insert "as soon as practicable"
 

Clause 126

 

THE BARONESS SCOTLAND OF ASTHAL

Page 65, line 39, after "account" insert "in particular"
 

Clause 129

 

THE BARONESS SCOTLAND OF ASTHAL

Page 67, line 16, leave out "category 2"
Page 67, line 19, leave out "category 2"
Page 67, line 21, at end insert—
"(2A)  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 67, line 25, at end insert—
"(4A)  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.
(4B)  If the Secretary of State decides the question in subsection (4A) in the negative he must refuse his consent."
Page 67, line 28, at end insert ", 96 or 97"
 

Clause 130

 

THE BARONESS SCOTLAND OF ASTHAL

Page 67, line 35, after "territory" insert "(the requesting territory)"
Page 67, line 41, leave out "category 2 territory referred to in subsection (1)(a)" and insert "requesting territory"
Page 68, line 2, at end insert—
"(2A)  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 68, line 6, at end insert—
"(4A)  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.
(4B)  If the Secretary of State decides the question in subsection (4A) in the negative he must refuse his consent."
Page 68, line 9, at end insert ", 96 or 97"
 

Clause 131

 

THE BARONESS SCOTLAND OF ASTHAL

Page 68, line 16, after "territory" insert "(the requesting territory)"
Page 68, line 22, leave out "category 2" and insert "requesting"
Page 68, line 24, at end insert—
"(2A)  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."
 

Clause 132

 

THE BARONESS SCOTLAND OF ASTHAL

Page 69, line 6, at end insert—
"(5)  But subsection (4) does not apply if—
(a)  the person was extradited for the purpose of being prosecuted for an offence, and
(b)  the person has not been convicted of the offence or of any other offence in respect of which he was permitted to be dealt with in the category 2 territory.
(6)  In a case falling within subsection (5), time during which the person was not in the United Kingdom as a result of his extradition counts as time served by him as part of his sentence only if it was spent in custody in connection with the offence or any other offence in respect of which he was permitted to be dealt with in the territory."
 

Clause 136

 

THE BARONESS SCOTLAND OF ASTHAL

Leave out Clause 136
 

Clause 137

 

THE BARONESS SCOTLAND OF ASTHAL

Leave out Clause 137
 

Clause 138

 

THE BARONESS SCOTLAND OF ASTHAL

Page 72, line 12, leave out from "section" to "after" and insert "86(5) has effect as if"
 

Clause 140

 

THE BARONESS SCOTLAND OF ASTHAL

Page 74, line 44, leave out paragraph (b) and insert—
"(b)  a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 2 territory in respect of the conduct;"
 

Clause 144

 

THE BARONESS SCOTLAND OF ASTHAL

Page 77, line 10, leave out subsection (8)
 

Clause 148

 

THE BARONESS SCOTLAND OF ASTHAL

Page 79, line 14, leave out paragraph (d)
 

Clause 154

 

THE BARONESS SCOTLAND OF ASTHAL

Page 82, line 26, after "from" insert "—
(i)  a category 1 territory under law of the territory corresponding to Part 1 of this Act, or
(ii)  "
 

Clause 155

 

THE BARONESS SCOTLAND OF ASTHAL

Page 83, line 5, after "that" insert—
"(a)  "
Page 83, line 7, at end insert ", and
(b)  before the end of the period of 3 months starting immediately after the end of the required period the person asks the Secretary of State to return him to the territory from which he was extradited."
Page 83, line 8, after "that" insert—
"(a)  "
Page 83, line 9, leave out "these provisions" and insert "the provisions specified in subsection (3A), and
(b)  before the end of the period of 3 months starting immediately after the date of his acquittal or discharge the person asks the Secretary of State to return him to the territory from which he was extradited.
(3A)  The provisions are"
Page 83, line 16, leave out ", if asked to do so by the person,"
Page 83, line 20, leave out "subsection (4) applies" and insert "subsections (2)(b), (3)(b) and (4) apply"
 

Clause 158

 

THE BARONESS SCOTLAND OF ASTHAL

Page 84, line 14, at end insert—
"(d)  that material, or material of that description, is believed to be on the premises."
 

Clause 181

 

THE BARONESS SCOTLAND OF ASTHAL

Page 100, line 14, after "account" insert "in particular"
 

Clause 182

 

THE BARONESS SCOTLAND OF ASTHAL

Page 100, line 33, at end insert—
"(1A)  The judge may make an order for proceedings on the deferred claim to be resumed.
(1B)  No order under subsection (1A) may be made after the end of the required period."
Page 100, line 36, leave out subsection (3) and insert—
"(3)  If the person applies to the appropriate judge to be discharged, the judge must order his discharge if—
(a)  the required period has ended, and
(b)  the judge has not made an order under subsection (1A) or ordered the person's discharge."
 

Clause 183

 

THE BARONESS SCOTLAND OF ASTHAL

Page 101, line 9, at end insert—
"(1A)  The judge may make an order for the person's extradition in pursuance of the deferred claim to cease to be deferred.
(1B)  No order under subsection (1A) may be made after the end of the required period."
Page 101, line 12, leave out subsection (3) and insert—
"(3)  If the person applies to the appropriate judge to be discharged, the judge must order his discharge if—
(a)  the required period has ended, and
(b)  the judge has not made an order under subsection (1A) or ordered the person's discharge."
 

Clause 188

 

THE BARONESS SCOTLAND OF ASTHAL

Leave out Clause 188
 

Clause 189

 

THE BARONESS SCOTLAND OF ASTHAL

Leave out Clause 189
 

Clause 194

 

THE BARONESS SCOTLAND OF ASTHAL

Page 107, line 29, leave out from "Director)" to "give" in line 32 and insert—
  "in subsection (2) after paragraph (e) insert—
    "(ea)  to have the conduct of any extradition proceedings;
    (eb)  to"
     

    Clause 195

     

    THE BARONESS SCOTLAND OF ASTHAL

    Page 108, line 5, leave out "may" and insert "must"
     

    After Clause 196

     

    THE BARONESS SCOTLAND OF ASTHAL

    Insert the following new Clause—
      "Parties to international Conventions
    (1)  A territory may be designated by order made by the Secretary of State if—
    (a)  it is not a category 1 territory or a category 2 territory, and
    (b)  it is a party to an international Convention to which the United Kingdom is a party.
    (2)  This Act applies in relation to a territory designated by order under subsection (1) as if the territory were a category 2 territory.
    (3)  As applied to a territory by subsection (2), this Act has effect as if—
    (a)  sections 72(4), 74(5), 75(10)(b),85(7), 87(7), 139 and 140 were omitted;
    (b)  the conduct that constituted an extradition offence for the purposes of Part 2 were the conduct specified in relation to the territory in the order under subsection (1) designating the territory.
    (4)  Conduct may be specified in relation to a territory in an order under subsection (1) designating the territory only if it is conduct to which the relevant Convention applies.
    (5)  The relevant Convention is the Convention referred to in subsection (1)(b) which is specified in relation to the territory in the order under subsection (1) designating it."
     

    Clause 203

     

    THE BARONESS SCOTLAND OF ASTHAL

    Page 114, leave out lines 23 and 24
    Page 114, line 26, at end insert—
     ""magistrates' court" and "court" in relation to extradition proceedings means a District Judge (Magistrates' Courts) designated for the purposes of Part 1 or Part 2 of the Extradition Act 2003 by the Lord Chancellor;"

 
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©Parliamentary copyright 2003
16 October 2003