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

House of Lords

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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
THE BARONESS CARNEGY OF LOUR

255Page 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 EARL OF MAR AND KELLIE

268APage 69, line 6, leave out "does not" and insert "shall"
 

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
 

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 166

 

THE EARL OF MAR AND KELLIE

285APage 91, line 42, leave out "Subsections (9) and" and insert "Subsection"
285BPage 91, line 42, at end insert—
"(   )  In Scotland, the powers conferred by subsections (2) and (6) may be exercised only if the extradition arrest power under which the person has been arrested gives written authorisation for their exercise."
 

After Clause 175

 

THE EARL OF MAR AND KELLIE
THE BARONESS CARNEGY OF LOUR

285CInsert the following new Clause—
  "Code of practice in Scotland
(1)  The Scottish Ministers must issue codes of practice in connection with—
(a)  the exercise of the powers conferred by this Part;
(b)  the retention, use and return of anything seized or produced under this Part; and
(c)  access to and the taking of photographs and copies of anything so seized or produced.
(2)  If the Scottish Ministers propose to issue a code of practice under this section, they must—
(a)  publish a draft of the code;
(b)  consider any representations made to them about the draft; or
(c)  if they think it appropriate, modify the draft in light of any such representations.
(3)  The Scottish Ministers must lay the code before the Scottish Parliament, and when they have done so they may bring the Code into operation by order.
(4)  The Scottish Ministers may revise the whole or any part of a code issued under this section and issue the code as revised; and subsections (2) and (4) apply to such a revised code as they apply to the original code.
(5)  A code issued under this section is admissible in evidence in proceeding under this Act and must be taken into account by a judge or court in determining any question to which it appears to the judge or the court to be relevant.
(6)  The power conferred by subsection (3) above on the Scottish Ministers to make orders shall be exercisable by statutory instrument.
(7)  A statutory instrument containing an order under subsection (3) above shall not be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament."
 

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 EARL OF MAR AND KELLIE

290APage 104, line 5, after "Court" insert "or in Scotland, to the Court of Session,"
290BPage 104, line 7, after "Court" insert "or in Scotland, to the Court of Session,"
 

THE BARONESS SCOTLAND OF ASTHAL

291Leave out Clause 188

 
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24 October 2003