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

House of Lords

back to previous amendments

 

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
 

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."

 
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©Parliamentary copyright 2003
29 October 2003