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Amendments to the Extradition Bill

Extradition Bill


SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 8

 

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

52Page 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
 

Clause 9

 

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

54Leave out Clause 9
 

Clause 10

 

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

55Page 6, line 36, leave out "an extradition" and insert "a terrorist"
56Leave out Clause 10
 

Clause 11

 

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

57Leave out Clause 11
 

Clause 12

 

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

58Leave out Clause 12
 

Clause 13

 

THE BARONESS SCOTLAND OF ASTHAL

59Page 7, line 39, after "nationality" insert ", gender, sexual orientation"
60Page 7, line 42, after "nationality" insert ", gender, sexual orientation"
 

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

61Leave out Clause 13
 

Clause 14

 

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

62Leave out Clause 14
 

Clause 15

 

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

63Leave out Clause 15
 

Clause 16

 

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

64Leave out Clause 16
 

Clause 17

 

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

65Leave out Clause 17
 

Clause 18

 

THE BARONESS SCOTLAND OF ASTHAL

66Page 9, leave out line 37
 

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

67Leave out Clause 18
 

Clause 19

 

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

68Leave out Clause 19
 

Clause 20

 

THE BARONESS SCOTLAND OF ASTHAL

69Page 10, leave out lines 9 to 26 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 21.
(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 21.
(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 21.
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 69]

70Line 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 BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS
THE LORD GOODHART

71Page 10, line 26, 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."
 

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

72Leave out Clause 20
 

Clause 21

 

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

73Leave out Clause 21
 

After Clause 21

 

THE LORD GOODHART
THE BARONESS ANELAY OF ST JOHNS

74Insert the following new Clause—
  "Minimum procedural rights
(1)  In reaching a decision under section 21(1) the judge shall have particular regard to the person's Convention rights under Article 6.3 of the European Convention on Human Rights.
(2)  For the purposes of subsection (1), the judge may accept a written assurance from an appropriate authority in the category 1 territory in which the warrant was issued that the person's Convention rights under Article 6.3 will be observed.
(3)  Where a written assurance has been given under subsection (2), the Secretary of State shall make arrangements to monitor the subsequent conduct of the proceedings against the person in the territory to which he has been extradited.
(4)  If the Secretary of State believes as a result of monitoring under subsection (3) that a person's Convention rights under Article 6.3 have not been observed, he may draw that conclusion to the attention of a judge acting under section 21 in relation to any proceedings for the extradition of any other person to the same category 1 territory."
 

Clause 22

 

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

75Leave out Clause 22
 

Clause 23

 

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

76Leave out Clause 23
 

Clause 24

 

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

77Leave out Clause 24
 

Clause 25

 

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

78Leave out Clause 25
 

Clause 26

 

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

79Leave out Clause 26
 

Clause 27

 

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

80Leave out Clause 27
 

Clause 28

 

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

81Leave out Clause 28
 

Clause 29

 

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

82Leave out Clause 29
 

Clause 30

 

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

83Leave out Clause 30
 

Clause 31

 

THE BARONESS SCOTLAND OF ASTHAL

84Page 14, line 12, after "period" insert "(the relevant period)"
85Page 14, line 14, after first "the" insert "relevant"
86Page 14, line 19, after fourth "the" insert "relevant"
87Page 14, line 19, at end insert—
"(3A)  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.
(3B)  The power in subsection (3A) may be exercised even after the end of the relevant period."
 

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

88Leave out Clause 31
 

Clause 32

 

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

89Leave out Clause 32
 

Clause 33

 

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

90Leave out Clause 33
 

Clause 34

 

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

91Leave out Clause 34
 

Clause 35

 

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

92Leave out Clause 35
 

Clause 36

 

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

93Leave out Clause 36
 

Clause 37

 

THE BARONESS SCOTLAND OF ASTHAL

94Page 18, leave out lines 34 and 35 and insert—
"(6)  Subsections (7) and (8) apply if the judge makes an order for extradition subject to a condition under subsection (3).
(7)  If the judge 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 appropriate judge to be discharged, the judge must order his discharge.
(8)  If the judge receives the undertaking before the end of that period—"
 

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

95Leave out Clause 37
 

Clause 38

 

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

96Leave out Clause 38
 

Clause 39

 

THE BARONESS SCOTLAND OF ASTHAL

97Page 19, line 30, at end insert—
"(3A)  Subsection (3) is subject to section (Certificate in respect of asylum claimant)."
98Page 19, line 34, 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;"
99Page 19, line 36, after "if" insert "there is such a right but"
100Page 20, line 5, leave out subsections (9) to (11)
 

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

101Leave out Clause 39

 
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©Parliamentary copyright 2003
24 October 2003