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

House of Lords

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Clause 137

 

THE BARONESS SCOTLAND OF ASTHAL

271Leave out Clause 137
 

Clause 138

 

THE BARONESS SCOTLAND OF ASTHAL

272Page 72, line 12, leave out from "section" to "after" and insert "86(5) has effect as if"
 

Clause 140

 

THE BARONESS SCOTLAND OF ASTHAL

273Page 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

274Page 77, line 10, leave out subsection (8)
 

Clause 148

 

THE BARONESS SCOTLAND OF ASTHAL

275Page 79, line 14, leave out paragraph (d)
 

Clause 154

 

THE BARONESS SCOTLAND OF ASTHAL

276Page 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

277Page 83, line 5, after "that" insert—
"(a)"  
278Page 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."
279Page 83, line 8, after "that" insert—
"(a)"  
280Page 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"
281Page 83, line 16, leave out ", if asked to do so by the person,"
282Page 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

283Page 84, line 14, at end insert—
"(d)  that material, or material of that description, is believed to be on the premises."
 

Clause 161

 

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

284Page 87, line 9, after "visible" insert "comprehensible"
285Page 87, line 10, after "visible" insert "comprehensible"
 

Clause 181

 

THE BARONESS SCOTLAND OF ASTHAL

286Page 100, line 14, after "account" insert "in particular"
 

Clause 182

 

THE BARONESS SCOTLAND OF ASTHAL

287Page 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."
288Page 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

289Page 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."
290Page 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

291Leave out Clause 188
 

Clause 189

 

THE BARONESS SCOTLAND OF ASTHAL

292Leave out Clause 189
 

Clause 194

 

THE BARONESS SCOTLAND OF ASTHAL

293Page 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"
294*Page 107, line 35, at end insert—
"(2A)  In section 3 after subsection (2) insert—
    "(2A)  Subsection (2)(ea) above does not require the Director to have the conduct of any extradition proceedings in respect of a person if he has received a request not to do so and—
    (a)  in a case where the proceedings are under Part 1 of the Extradition Act 2003, the request is made by the authority which issued the Part 1 warrant in respect of the person;
    (b)  in a case where the proceedings are under Part 2 of that Act, the request is made on behalf of the territory to which the person's extradition has been requested.""
     

    Clause 195

     

    THE BARONESS SCOTLAND OF ASTHAL

    295Page 108, line 5, leave out "may" and insert "must"
    296*Page 108, line 9, at end insert—
    "(2)  Subsection (1)(a) does not require the Lord Advocate to conduct any extradition proceedings in respect of a person if he has received a request not to do so and—
    (a)  in a case where the proceedings are under Part 1, the request is made by the authority which issued the Part 1 warrant in respect of the person;
    (b)  in a case where the proceedings are under Part 2, the request is made on behalf of the territory to which the person's extradition has been requested."
     

    After Clause 196

     

    THE BARONESS SCOTLAND OF ASTHAL

    297Insert 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 197

     

    THE LORD GOODHART

    298Page 109, line 9, leave out "the Secretary of State believes that"
     

    Clause 203

     

    THE BARONESS SCOTLAND OF ASTHAL

    299Page 114, leave out lines 23 and 24
    300Page 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;"
     

    After Clause 204

     

    THE BARONESS SCOTLAND OF ASTHAL

    301Insert 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."
    302Insert 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."
    303Insert 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."

 
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©Parliamentary copyright 2003
21 October 2003