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

House of Lords

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After Clause 39

 

THE BARONESS SCOTLAND OF ASTHAL

102Insert the following new Clause—
  "Certificate in respect of asylum claimant
(1)  Section 39(3) does not apply in relation to a person if the Secretary of State has certified that the conditions in subsection (2) or the conditions in subsection (3) are satisfied in relation to him.
(2)  The conditions are that—
(a)  the category 1 territory to which the person's extradition has been ordered has accepted that, under standing arrangements, it is the responsible State in relation to the person's asylum claim;
(b)  in the opinion of the Secretary of State, the person is not a national or citizen of the territory.
(3)  The conditions are that, in the opinion of the Secretary of State—
(a)  the person is not a national or citizen of the category 1 territory to which his extradition has been ordered;
(b)  the person's life and liberty would not be threatened in that territory by reason of his race, religion, nationality, political opinion or membership of a particular social group;
(c)  the government of the territory would not send the person to another country otherwise than in accordance with the Refugee Convention.
(4)  In this section—
 "the Refugee Convention" has the meaning given by section 167(1) of the Immigration and Asylum Act 1999 (c. 33);
 "standing arrangements" means arrangements in force between the United Kingdom and the category 1 territory for determining which State is responsible for considering applications for asylum."
 

Clause 40

 

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

103Page 20, line 24, at beginning insert "Where this section applies"
 

THE BARONESS SCOTLAND OF ASTHAL

104Page 20, line 26, at end insert "as soon as practicable"
 

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

105Leave out Clause 40
 

Clause 41

 

THE BARONESS SCOTLAND OF ASTHAL

106Page 20, line 41, at end insert "as soon as practicable"
 

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

107Leave out Clause 41
 

Clause 42

 

THE BARONESS SCOTLAND OF ASTHAL

108Page 21, line 19, at end insert "as soon as practicable"
 

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

109Leave out Clause 42
 

Clause 43

 

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

110Page 21, line 36, at beginning insert "Where this section applies,"
111Leave out Clause 43
 

Clause 44

 

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

112Leave out Clause 44
 

Clause 45

 

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

113Leave out Clause 45
 

Clause 46

 

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

114Leave out Clause 46
 

Clause 47

 

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

115Leave out Clause 47
 

Clause 48

 

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

116Leave out Clause 48
 

Clause 49

 

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

117Leave out Clause 49
 

Clause 50

 

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

118Leave out Clause 50
 

Clause 51

 

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

119Leave out Clause 51
 

Clause 52

 

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

120Leave out Clause 52
 

Clause 53

 

THE BARONESS SCOTLAND OF ASTHAL

121Page 26, line 34, leave out "category 1"
122Page 26, line 38, leave out "category 1"
123Page 26, line 42, at end insert—
"(3A)  The judge 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."
124Page 27, line 9, leave out from beginning to "must" in line 10 and insert "the judge does not exercise the power in subsection (5) to extend the period, he"
 

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

125Leave out Clause 53
 

Clause 54

 

THE BARONESS SCOTLAND OF ASTHAL

126Page 27, line 16, leave out "category 1"
127Page 27, line 31, at end insert—
"(8)  Consent is not required to the person being dealt with in the territory for the offence if the person has been given an opportunity to leave the territory and—
(a)  he has not done so before the end of the permitted period, or
(b)  if he did so before the end of the permitted period, he has returned there.
(9)  The permitted period is 45 days starting with the day on which the person arrived in the territory following his extradition there in accordance with this Part.
(10)  Subject to subsection (8), the judge must decide whether consent is required to the person being dealt with in the territory for the offence by reference to what appears to him to be the law of the territory or arrangements made between the territory and the United Kingdom."
 

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

128Leave out Clause 54
 

Clause 55

 

THE BARONESS SCOTLAND OF ASTHAL

129Page 28, line 4, at end insert—
"(3A)  The judge 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."
130Page 28, line 13, leave out from beginning to "must" in line 14 and insert "the judge does not exercise the power in subsection (5) to extend the period, he"
 

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

131Leave out Clause 55
 

Clause 56

 

THE BARONESS SCOTLAND OF ASTHAL

132Page 28, line 36, at end insert—
"(8)  Consent is not required to the person's extradition to the other territory for the offence if the person has been given an opportunity to leave the requesting territory and—
(a)  he has not done so before the end of the permitted period, or
(b)  if he did so before the end of the permitted period, he has returned there.
(9)  The permitted period is 45 days starting with the day on which the person arrived in the requesting territory following his extradition there in accordance with this Part.
(10)  Subject to subsection (8), the judge must decide whether consent is required to the person's extradition to the other territory for the offence by reference to what appears to him to be the arrangements made between the requesting territory and the United Kingdom."
 

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

133Leave out Clause 56
 

Clause 57

 

THE BARONESS SCOTLAND OF ASTHAL

134Page 28, line 39, after "territory" insert "(the requesting territory)"
135Page 29, line 1, leave out "appropriate judge" and insert "Secretary of State"
136Page 29, line 6, leave out "category 1" and insert "requesting"
137Page 29, line 10, at end insert—
"(3A)  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."
138Page 29, line 11, leave out "judge" and insert "Secretary of State"
139Page 29, line 13, leave out "judge" and insert "Secretary of State"
140Page 29, line 14, at end insert—
"(5A)  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.
(5B)  If the Secretary of State decides the question in subsection (5A) in the negative he must refuse his consent."
141Page 29, line 15, leave out "judge" and insert "Secretary of State"
142Page 29, line 15, leave out from "whether" to "if" in line 26
143Page 29, line 30, leave out "must" and insert "may"
144Page 29, line 33, leave out from beginning to "to" in line 34 and insert "This section applies in relation to any function which falls under this section to be exercised in relation to Scotland only as if the references in this section"
 

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

145Leave out Clause 57
 

Clause 58

 

THE BARONESS SCOTLAND OF ASTHAL

146Page 30, line 3, 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 1 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."
 

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

147Leave out Clause 58
 

Clause 59

 

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

148Leave out Clause 59
 

Clause 60

 

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

149Leave out Clause 60
 

Clause 61

 

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

150Leave out Clause 61
 

Clause 62

 

THE BARONESS SCOTLAND OF ASTHAL

151Page 31, line 37, leave out "Part" and insert "Act"
152Page 31, line 40, leave out subsection (3)
 

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

153Leave out Clause 62
 

THE BARONESS SCOTLAND OF ASTHAL

154Transpose Clause 62 to after Clause 204

 
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©Parliamentary copyright 2003
24 October 2003