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

House of Lords

back to previous amendments

 

Clause 87

 

THE BARONESS SCOTLAND OF ASTHAL

230Page 47, line 24, leave out "Order in Council" and insert "order made by the Secretary of State"
 

Clause 93

 

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

231Page 49, line 13, at end insert—
"(2A)  For the purposes of subsection (2), the judge must inform the person in English, or, if he requests it, in a language which he understands."
 

Clause 94

 

THE BARONESS SCOTLAND OF ASTHAL

232Page 49, line 39, at end insert—
"(5)  In deciding the questions in subsection (2), the Secretary of State is not required to consider any representations received by him after the end of the permitted period.
(6)  The permitted period is the period of 6 weeks starting with the appropriate day."
 

Clause 95

 

THE EARL OF MAR AND KELLIE

233*Page 50, line 6, after "assurance" insert "from the appropriate authority"
 

THE LORD GOODHART

234Page 50, line 8, at end insert "or if conviction of the offence will result in a mandatory sentence of life imprisonment without possibility of release"
 

THE LORD GOODHART
THE BARONESS SCOTLAND OF ASTHAL

235Page 50, line 9, leave out subsection (3)
 

Clause 96

 

THE BARONESS SCOTLAND OF ASTHAL

236Page 50, line 28, at end insert—
"(d)  an offence in respect of which the person waives the right that he would have (but for this paragraph) not to be dealt with for the offence."
 

Clause 100

 

THE BARONESS SCOTLAND OF ASTHAL

237Page 51, line 32, leave out subsection (2) and insert—
"(2)  If the person applies to the High Court to be discharged, the court must order his discharge."
238Page 51, line 35, leave out subsections (4) to (9)
 

THE EARL OF MAR AND KELLIE

239*Page 52, line 25, after "may" insert ", if it believes there are exceptional circumstances and that extending the time period is in the interests of justice,"
 

Clause 101

 

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

240Page 52, line 32, at end insert—
"(1A)  For the purposes of subsection (1), the judge must inform the person in English, or, if he requests it, in a language which he understands."
 

After Clause 102

 

THE BARONESS SCOTLAND OF ASTHAL

241Insert the following new Clause—
  "The appropriate day
(1)  This section applies for the purposes of sections 94 and 100 if the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited.
(2)  If the person is charged with an offence in the United Kingdom, the appropriate day is the day on which one of these occurs—
(a)  the charge is disposed of;
(b)  the charge is withdrawn;
(c)  proceedings in respect of the charge are discontinued;
(d)  an order is made for the charge to lie on the file, or in relation to Scotland, the diet is deserted pro loco et tempore.
(3)  If under section 98(3) or 99(2) the Secretary of State defers making a decision until the person has served a sentence, the appropriate day is the day on which the person finishes serving the sentence.
(4)  If section 126 applies in relation to the request for the person's extradition (the request concerned) the appropriate day is—
(a)  the day on which the Secretary of State makes an order under that section, if the order is for proceedings on the other request to be deferred;
(b)  the day on which an order under section 182 is made, if the order under section 126 is for proceedings on the request concerned to be deferred and the order under section 182 is for the proceedings to be resumed.
(5)  If section 181 applies in relation to the request for the person's extradition, the appropriate day is—
(a)  the day on which the Secretary of State makes an order under that section, if the order is for proceedings on the warrant to be deferred;
(b)  the day on which an order under section 182 is made, if the order under section 181 is for proceedings on the request to be deferred and the order under section 182 is for the proceedings to be resumed.
(6)  If more than one of subsections (2) to (5) applies, the appropriate day is the latest of the days found under the subsections which apply.
(7)  In any other case, the appropriate day is the day on which the judge sends the case to the Secretary of State for his decision whether the person is to be extradited."
 

Clause 103

 

THE BARONESS SCOTLAND OF ASTHAL

242Page 53, line 38, at end insert—
"(7A)  If notice of an appeal under section 110 against the decision which resulted in the order for the person's discharge is given in accordance with subsection (5) of that section—
(a)  subsections (6) and (7) do not apply;
(b)  no appeal may be brought under this section if the High Court has made its decision on the appeal."
243Page 53, leave out line 42 and insert "or (4) of the order he has made in respect of the person"
 

Clause 113

 

THE BARONESS SCOTLAND OF ASTHAL

244Page 58, line 21, after "period" insert "(the relevant period)"
245Page 58, line 23, after fourth "the" insert "relevant"
246Page 58, line 23, at end insert—
"(2A)  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.
(2B)  The power in subsection (2A) may be exercised even after the end of the relevant period."
 

Clause 119

 

THE BARONESS SCOTLAND OF ASTHAL

247Page 62, leave out lines 28 and 29 and insert—
"(5)  Subsections (6) and (7) apply if the Secretary of State makes an order for extradition subject to a condition under subsection (2).
(6)  If the Secretary of State 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 High Court to be discharged, the court must order his discharge.
(8)  If the Secretary of State receives the undertaking before the end of that period—"
 

Clause 121

 

THE BARONESS SCOTLAND OF ASTHAL

248Page 63, line 24, 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;"
249Page 63, line 26, after "if" insert "there is such a right but"
250Page 63, line 39, leave out subsection (9)
 

Clause 122

 

THE BARONESS SCOTLAND OF ASTHAL

251Page 64, line 14, at end insert "as soon as practicable"
 

Clause 124

 

THE BARONESS SCOTLAND OF ASTHAL

252Page 64, line 40, at end insert "as soon as practicable"
 

Clause 125

 

THE BARONESS SCOTLAND OF ASTHAL

253Page 65, line 21, at end insert "as soon as practicable"
 

Clause 126

 

THE BARONESS SCOTLAND OF ASTHAL

254Page 65, line 39, after "account" insert "in particular"
 

Clause 127

 

THE EARL OF MAR AND KELLIE

255*Page 66, line 39, at end insert—
"(   )  In the application of this section to Scotland, "counsel" includes a solicitor who has the right of audience in the High Court of Justiciary under section 25(a) (right of audience in various courts in the High Court of Justiciary) of the Solicitors (Scotland) Act 1980 (c. 46).
 

Clause 129

 

THE BARONESS SCOTLAND OF ASTHAL

256Page 67, line 16, leave out "category 2"
257Page 67, line 19, leave out "category 2"
258Page 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."
259Page 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."
260Page 67, line 28, at end insert ", 96 or 97"
 

Clause 130

 

THE BARONESS SCOTLAND OF ASTHAL

261Page 67, line 35, after "territory" insert "(the requesting territory)"
262Page 67, line 41, leave out "category 2 territory referred to in subsection (1)(a)" and insert "requesting territory"
263Page 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."
264Page 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."
265Page 68, line 9, at end insert ", 96 or 97"
 

Clause 131

 

THE BARONESS SCOTLAND OF ASTHAL

266Page 68, line 16, after "territory" insert "(the requesting territory)"
267Page 68, line 22, leave out "category 2" and insert "requesting"
268Page 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

269Page 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

270Leave out Clause 136

 
back to previous pagecontinue to next page
 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2003
21 October 2003