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

House of Lords

back to previous amendments

 

Clause 66

 

THE LORD GOODHART
THE BARONESS ANELAY OF ST JOHNS

169Page 34, line 47, at end insert—
"(   )  the category 1 territory is a party to the European framework decision,"
170Page 35, line 7, leave out "4" and insert "12"
 

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

171Page 35, line 11, after "conduct" insert "constitutes a terrorist offence and"
172Page 35, line 20, after "conduct" insert "constitutes a terrorist offence and"
173Page 35, line 30, after "conduct" insert "constitutes a terrorist offence and"
174Page 35, line 41, after "conduct" insert "constitutes a terrorist offence and"
 

THE BARONESS SCOTLAND OF ASTHAL

175Page 35, line 43, 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 1 territory in respect of the conduct;"
 

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

176Page 35, line 48, leave out subsection (7)
177Page 36, line 14, leave out subsection (8)
178Leave out Clause 66
 

Clause 67

 

THE BARONESS SCOTLAND OF ASTHAL

179Page 36, line 25, leave out second "an" and insert "a judicial"
180Page 36, line 27, leave out paragraph (a)
 

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

181Page 36, line 29, leave out subsection (3)
 

THE LORD GOODHART

182Page 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

183Page 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."
184Page 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

185Leave out Clause 67
 

After Clause 67

 

THE LORD PEARSON OF RANNOCH
THE LORD STODDART OF SWINDON

186*Insert the following new Clause—
  "Conduct contrary to values of EU
  For the avoidance of doubt, it is hereby declared that nothing in this Act shall permit the extradition to or from the United Kingdom of any person accused of conduct contrary to the values of the European Union."
 

Clause 68

 

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

187Leave out Clause 68
 

Clause 69

 

THE BARONESS SCOTLAND OF ASTHAL

188Page 37, line 9, leave out subsection (2)
 

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

189Leave out Clause 69
 

Clause 70

 

THE BARONESS SCOTLAND OF ASTHAL

190Page 37, line 17, leave out "Order in Council" and insert "order made by the Secretary of State"
 

Clause 72

 

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

191Page 38, line 22, leave out "it appears to the judge" and insert "the judge has reasonable grounds for believing"
 

THE BARONESS SCOTLAND OF ASTHAL

192Page 38, line 36, leave out "Order in Council" and insert "order made by the Secretary of State"
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

193Page 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

194Page 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 BARONESS SCOTLAND OF ASTHAL

195Page 39, line 15, leave out "and he asks to be shown the warrant"
 

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

196Page 39, line 16, after "him" insert "in English, or, if he requests it, in a language which he understands"
 

THE BARONESS SCOTLAND OF ASTHAL

197Page 39, line 16, leave out "request" and insert "arrest"
 

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

198Page 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

199Page 39, line 17, leave out "as soon as practicable" and insert "within 48 hours"
 

THE BARONESS SCOTLAND OF ASTHAL

200Page 39, line 23, leave out from "with" to end of line 24 and insert "and the person applies to the judge to be discharged, the judge must order his discharge"
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

201Page 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 BARONESS SCOTLAND OF ASTHAL

202Page 40, line 23, leave out "Order in Council" and insert "order made by the Secretary of State"
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

203Page 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

204Page 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 BARONESS SCOTLAND OF ASTHAL

205Page 41, line 8, leave out "and he asks to be shown the warrant"
 

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

206Page 41, line 9, after "him" insert "in English, or, if he requests it, in a language which he understands"
 

THE BARONESS SCOTLAND OF ASTHAL

207Page 41, line 9, leave out "request" and insert "arrest"
 

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

208Page 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

209Page 41, line 10, leave out "as soon as practicable" and insert "within 48 hours"
 

THE BARONESS SCOTLAND OF ASTHAL

210Page 41, line 17, leave out from "with" to end of line 18 and insert "and the person applies to the judge to be discharged, the judge must order his discharge"
 

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

211Page 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;"
 

THE BARONESS SCOTLAND OF ASTHAL

212Page 41, line 38, leave out "Order in Council" and insert "order made by the Secretary of State"
213Page 41, line 39, leave out "Order in Council" and insert "order"
 

Clause 76

 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

214Page 42, line 11, leave out "there are exceptional circumstances" and insert "the interests of justice so require"
 

THE EARL OF MAR AND KELLIE

215*Page 42, line 11, after "date" insert "and the fixing of a later date is in the interest of justice"
 

THE BARONESS SCOTLAND OF ASTHAL

216Page 42, line 14, 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 77

 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

217Page 42, line 26, leave out "there are exceptional circumstances" and insert "the interests of justice so require"
 

THE BARONESS SCOTLAND OF ASTHAL

218Page 42, line 29, 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 79

 

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

219Page 43, line 30, leave out "on a balance of probabilities" and insert "beyond reasonable doubt"
220Page 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

221Page 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

222Page 44, line 5, leave out "decides those questions in the negative" and insert "does not order the person's discharge under subsection (3)"
 

Clause 82

 

THE BARONESS SCOTLAND OF ASTHAL

223Page 44, line 23, after "nationality" insert ", gender, sexual orientation"
224Page 44, line 26, after "nationality" insert ", gender, sexual orientation"
 

Clause 85

 

THE BARONESS SCOTLAND OF ASTHAL

225Page 45, line 45, leave out "Order in Council" and insert "order made by the Secretary of State"
 

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

226Page 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 BARONESS SCOTLAND OF ASTHAL

227Page 46, leave out lines 10 to 29 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 88.
(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 88.
(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 87.
15(7)  If the judge decides that question in the negative he must order the person's discharge."
 

THE BARONESS ANELAY OF ST JOHNS
[As an amendment to amendment 227]

228*Line 15, at end insert—
"(8)  For the purposes of subsection (5), 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."
 

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

229Page 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."

 
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©Parliamentary copyright 2003
21 October 2003