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Amendments to the Extradition Bill

Extradition Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


[Amendments marked * are new or have been altered]

Amendment
No.

 

Before Clause 1

 

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

1Insert 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 SCOTLAND OF ASTHAL

2Page 1, line 6, leave out "Order in Council" and insert "order made by the Secretary of State"
 

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

3Page 1, line 6 at end insert "and only applies to persons who have been charged with or convicted of terrorist offences"
4Page 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)."
5Page 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."
6Leave out Clause 1
 

After Clause 1

 

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

7Insert 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 SCOTLAND OF ASTHAL

8Page 1, line 15, leave out second "an" and insert "a judicial"
 

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

9Page 2, line 4, leave out "is accused" and insert "faces charges"
10Page 2, line 5, leave out "an" and insert "a terrorist"
 

THE LORD LAMONT OF LERWICK

11Page 2, line 7, leave out "with a view to" and insert "for"
12Page 2, line 7, leave out from "issued" to end of line 9 and insert "for his arrest and extradition to the category 1 territory for the purpose of being prosecuted, within 6 months of his extradition, for the offence"
13Page 2, line 7, leave out from "issued" to end of line 9 and insert "for his arrest and extradition to the category 1 territory for the purpose of being prosecuted, within 6 months of his extradition, for the offence, and
(c)  the person will be prosecuted in the category (1) territory within 6 months, or at the expiry of the period of 6 months will be returned to the United Kingdom."
 

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

14Page 2, line 8, at end insert "terrorist"
15Page 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

16Page 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

17Page 2, line 23, leave out "an" and insert "a terrorist"
18Page 2, line 26, at end insert "terrorist"
19Page 2, line 28, after "the" insert "terrorist"
 

THE BARONESS SCOTLAND OF ASTHAL

20Page 2, line 42, leave out paragraph (a)
21Page 2, line 46, leave out paragraph (a)
 

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

22Page 3, line 1, leave out from "is" to end of line 2 and insert "the Secretary of State"
 

THE BARONESS SCOTLAND OF ASTHAL

23Page 3, line 2, leave out "Order in Council" and insert "order made by the Secretary of State"
 

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

24Page 3, line 3, leave out subsection (10)
 

THE BARONESS SCOTLAND OF ASTHAL

25Page 3, line 3, leave out "Order in Council" and insert "order"
 

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

26Leave out Clause 2
 

Clause 3

 

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

27Page 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

28Leave out Clause 3
 

Clause 4

 

THE LORD GOODHART
THE LORD HODGSON OF ASTLEY ABBOTTS

29Page 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 BARONESS SCOTLAND OF ASTHAL

30Page 3, line 31, leave out "and he asks to be shown the warrant"
 

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

31Page 3, line 32, after "him" insert "in English, or, if he requests it, in any official language of a category 1 territory"
 

THE BARONESS SCOTLAND OF ASTHAL

32Page 3, line 32, leave out "request" and insert "arrest"
 

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

33Page 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

34Page 3, line 33, leave out "as soon as practicable" and insert "within 48 hours"
 

THE BARONESS SCOTLAND OF ASTHAL

35Page 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"
 

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

36Leave out Clause 4
 

Clause 5

 

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

37Page 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

38Page 4, line 4, leave out "or will be"
 

THE BARONESS SCOTLAND OF ASTHAL

39Page 4, line 6, leave out from first "authority" to end
 

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

40Page 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

41Leave out Clause 5
 

Clause 6

 

THE BARONESS SCOTLAND OF ASTHAL

42Page 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."
43Page 4, line 34, after "(2)" insert "or (4A)"
44Page 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"
45Page 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."
 

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

46Leave out Clause 6
 

Clause 7

 

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

47Page 5, line 9, leave out "on a balance of probabilities" and insert "beyond reasonable doubt"
48Page 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

49Leave out Clause 7
 

Clause 8

 

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

50Page 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

51Page 6, line 6, leave out "there are exceptional circumstances" and insert "that the interests of justice so require"
 

THE EARL OF MAR AND KELLIE

52*Page 6, line 6, after "date" insert "and the fixing of a later date is in the interest of justice"
 

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

53Leave out Clause 8

 
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21 October 2003