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

House of Lords

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After Clause 204

 

THE BARONESS SCOTLAND OF ASTHAL

Insert the following new Clause—
  "Receivable documents
(1)  A Part 1 warrant may be received in evidence in proceedings under this Act.
(2)  Any other document issued in a category 1 territory may be received in evidence in proceedings under this Act if it is duly authenticated.
(3)  A document issued in a category 2 territory may be received in evidence in proceedings under this Act if it is duly authenticated.
(4)  A document issued in a category 1 or category 2 territory is duly authenticated if (and only if) one of these applies—
(a)  it purports to be signed by a judge, magistrate or other judicial authority of the territory;
(b)  it purports to be authenticated by the oath or affirmation of a witness.
(5)  Subsections (2) and (3) do not prevent a document that is not duly authenticated from being received in evidence in proceedings under this Act."
Insert the following new Clause—
  "Written statements and admissions
(1)  The provisions mentioned in subsection (2) apply in relation to proceedings under this Act as they apply in relation to proceedings for an offence.
(2)  The provisions are—
(a)  section 9 of the Criminal Justice Act 1967 (c. 80) (proof by written statement in criminal proceedings);
(b)  section 10 of the Criminal Justice Act 1967 (c. 80) (proof by formal admission in criminal proceedings);
(c)  section 1 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (c. 28) (proof by written statement in criminal proceedings);
(d)  section 2 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (proof by formal admission in criminal proceedings).
(3)  As applied by subsection (1) in relation to proceedings under this Act, section 10 of the Criminal Justice Act 1967 (c. 80) and section 2 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 have effect as if—
(a)  references to the defendant were to the person whose extradition is sought (or who has been extradited);
(b)  references to the prosecutor were to the category 1 or category 2 territory concerned;
(c)  references to the trial were to the proceedings under this Act for the purposes of which the admission is made;
(d)  references to subsequent criminal proceedings were to subsequent proceedings under this Act."
Insert the following new Clause—
  "Burden and standard of proof
(1)  This section applies if, in proceedings under this Act, a question arises as to burden or standard of proof.
(2)  The question must be decided by applying any enactment or rule of law that would apply if the proceedings were proceedings for an offence.
(3)  Any enactment or rule of law applied under subsection (2) to proceedings under this Act must be applied as if—
(a)  the person whose extradition is sought (or who has been extradited) were accused of an offence;
(b)  the category 1 or category 2 territory concerned were the prosecution.
(4)  Subsections (2) and (3) are subject to any express provision of this Act.
(5)  In this section "enactment" includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament."
 

After Clause 208

 

THE BARONESS SCOTLAND OF ASTHAL

Insert the following new Clause—
  "Service of notices
  Service of a notice on a person under section 53, 55, 57, 129, 130 or 131 may be effected in any of these ways—
(a)  by delivering the notice to the person;
(b)  by leaving it for him with another person at his last known or usual place of abode;
(c)  by sending it by post in a letter addressed to him at his last known or usual place of abode."
 

After Clause 211

 

THE BARONESS SCOTLAND OF ASTHAL

Insert the following new Clause—
  "European framework list
(1)  The European framework list is the list of conduct set out in Schedule (European framework list).
(2)  The Secretary of State may by order amend Schedule (European framework list) for the purpose of ensuring that the list of conduct set out in the Schedule corresponds to the list of conduct set out in article 2.2 of the European framework decision.
(3)  The European framework decision is the framework decision of the Council of the European Union made on 13 June 2002 on the European arrest warrant and the surrender procedures between member states (2002/584/JHA)."
 

Clause 212

 

THE BARONESS SCOTLAND OF ASTHAL

Page 120, line 8, at end insert—
"(2A)  References to the designated authority must be read in accordance with section 2(9)."
 

THE BARONESS SCOTLAND OF ASTHAL

Page 120, line 12, at end insert—
"(5A)  "Asylum claim" has the meaning given by section 113(1) of the Nationality, Immigration and Asylum Act 2002 (c. 41)."
 

THE BARONESS SCOTLAND OF ASTHAL

Page 120, line 16, leave out subsection (7)
 

THE BARONESS SCOTLAND OF ASTHAL

Page 120, line 31, leave out "and 211" and insert "to (European framework list)"
 

Clause 215

 

THE BARONESS SCOTLAND OF ASTHAL

Page 121, line 4, at end insert—
"(2)  The Secretary of State may by order make—
(a)  any supplementary, incidental or consequential provision, and
(b)  any transitory, transitional or saving provision,
  which he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to any provision of this Act.
(3)  An order under subsection (2) may, in particular—
(a)  provide for any provision of this Act which comes into force before another such provision has come into force to have effect, until that other provision has come into force, with such modifications as are specified in the order, and
(b)  amend, repeal or revoke any enactment other than one contained in an Act passed in a Session after that in which this Act is passed.
(4)  The amendments that may be made under subsection (3)(b) are in addition to those made by or under any other provision of this Act."
 

Clause 219

 

THE BARONESS SCOTLAND OF ASTHAL

Page 121, line 30, leave out subsection (5)
Page 121, line 33, leave out "144(10) or 175(4)" and insert "1(1), 70(1), 72(4), 74(5), 75(10)(b), 85(7), 87(7), 144(10), 175(4) or (European framework list)(2)"
Page 121, line 35, at end insert—
"(7)  A statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament if it contains subordinate legislation other than an order mentioned in subsection (6) or an order under section 217.
(8)  A territory may be designated by being named in an order made by the Secretary of State under this Act or by falling within a description set out in such an order.
(9)  An order made by the Secretary of State under section 1(1) or 70(1) may provide that this Act has effect in relation to a territory designated by the order with specified modifications."
 

Clause 220

 

THE BARONESS SCOTLAND OF ASTHAL

Page 122, line 2, leave out "any provision of this Act other than section 218" and insert "section 179 or 180"
Page 122, line 9, leave out subsections (3) and (4)
 

Clause 222

 

THE BARONESS SCOTLAND OF ASTHAL

Page 122, line 19, leave out "and 175" and insert ", 175 and (Written statements and admissions)"
 

Schedule 1

 

THE BARONESS SCOTLAND OF ASTHAL

Page 123, line 21, leave out paragraph 8
Page 126, line 37, leave out paragraph 38
 

After Schedule 1

 

THE BARONESS SCOTLAND OF ASTHAL

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 psychotropic 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
16 October 2003