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

House of Lords

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Clause 189

 

THE EARL OF MAR AND KELLIE

291APage 104, line 32, after "Court" insert "or in Scotland, the Court of Session,"
291BPage 104, line 36, after "Court" insert "or in Scotland, the Court of Session,"
291CPage 104, line 39, after "Court" insert "or in Scotland, the Court of Session,"
291DPage 104, line 43, after "Court" insert "or in Scotland, to the Court of Session,"
291EPage 105, line 3, after "Court" insert "or in Scotland, the Court of Session,"
291FPage 105, line 4, after "Court" insert "or in Scotland, the Court of Session,"
291GPage 105, line 20, leave out subsection (12)
 

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"
294Page 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"
296Page 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."
 

Clause 206

 

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

304Page 116, line 20, at end insert "(including in particular, the protection of the United Kingdom against threats from espionage, terrorism and sabotage, from the activities of agents of foreign powers and from actions intended to overthrow or undermine parliamentary democracy by political, industrial or violent means and the safeguarding of the economic well-being of the United Kingdom against threats posed by the actions or intentions of persons outside the British Islands)"
 

After Clause 208

 

THE BARONESS SCOTLAND OF ASTHAL

305Insert the following new Clause—
  "Service of notices
  Service of a notice on a person under section 53, 55, 57, 129, 130 or 131 may be effected in any of these ways—
(a)  by delivering the notice to the person;
(b)  by leaving it for him with another person at his last known or usual place of abode;
(c)  by sending it by post in a letter addressed to him at his last known or usual place of abode."
 

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

306Insert the following new Clause—
  "Compatibility with the Crime International (Co-operation) Act 2003
  The Secretary of State shall certify that the provisions of this Act are compatible with the provisions of the Crime International (Co-operation) Act 2003."
307Insert the following new Clause—
  "Annual report
  For the first five years after the commencement of this Act, the Secretary of State shall publish and lay before both Houses of Parliament an annual report on the operation of the provisions of the Act."
 

After Clause 211

 

THE BARONESS SCOTLAND OF ASTHAL

308Insert the following new Clause—
  "European framework list
(1)  The European framework list is the list of conduct set out in Schedule (European framework list).
(2)  The Secretary of State may by order amend Schedule (European framework list) for the purpose of ensuring that the list of conduct set out in the Schedule corresponds to the list of conduct set out in article 2.2 of the European framework decision.
(3)  The European framework decision is the framework decision of the Council of the European Union made on 13 June 2002 on the European arrest warrant and the surrender procedures between member states (2002/584/JHA)."
 

Clause 212

 

THE BARONESS SCOTLAND OF ASTHAL

309Page 120, line 8, at end insert—
"(2A)  References to the designated authority must be read in accordance with section 2(9)."
310Page 120, line 12, at end insert—
"(5A)  "Asylum claim" has the meaning given by section 113(1) of the Nationality, Immigration and Asylum Act 2002 (c. 41)."
311Page 120, line 16, leave out subsection (7)
312Page 120, line 31, leave out "and 211" and insert "to (European framework list)"
 

Clause 215

 

THE BARONESS SCOTLAND OF ASTHAL

313Page 121, line 4, at end insert—
"(2)  The Secretary of State may by order make—
3(a)  any supplementary, incidental or consequential provision, and
(b)  any transitory, transitional or saving provision,
  which he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to any provision of this Act.
(3)  An order under subsection (2) may, in particular—
(a)  provide for any provision of this Act which comes into force before another such provision has come into force to have effect, until that other provision has come into force, with such modifications as are specified in the order, and
(b)  amend, repeal or revoke any enactment other than one contained in an Act passed in a Session after that in which this Act is passed.
(4)  The amendments that may be made under subsection (3)(b) are in addition to those made by or under any other provision of this Act."
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS
[As an amendment to amendment 313]

314Line 3, leave out "supplementary,"

 
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24 October 2003