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

House of Lords

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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]

228Line 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."
 

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

233Page 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

239Page 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.
(7)  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"

 
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24 October 2003