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Amendment Paper as at
Thursday 13th November 2003

CONSIDERATION OF LORDS AMENDMENTS


New Amendments handed in are marked thus *

EXTRADITION BILL

NOTE

The Amendments have been arranged in accordance with the Extradition Bill (Programme) (No. 3).

On Consideration of Lords Amendments to the Extradition Bill

Lords Amendment No. 3

   

Mr Secretary Blunkett
As Amendments to the Lords Amendment:—

(a)

*Line     1,     leave out 'a description of the circumstances in which the offence was committed, including' and insert 'the conduct alleged to constitute the offence,'.

(b)

*Line     3,     after 'time', insert 'and'

(c)

*Line     3,     leave out 'and degree of participation in the offence by the requested person' and insert 'at which he is alleged to have committed the offence and'.

(d)

*Line     4,     leave out 'the nature and legal classification of the offence and the applicable statutory provision' and insert 'any provision of the law of the category 1 territory under which the conduct is alleged to constitute an offence'.


Lords Amendment No. 26

   

Mr Secretary Blunkett
To move, That this House disagrees with the Lords in their Amendment.

   

Mr Secretary Blunkett
To move the following Amendment to the Bill in lieu of the Lords Amendment:—

(a)

*Page     10,     line     26,     at end insert—

    '(8)   The judge must not decide the question in subsection (5) in the affirmative unless, in any proceedings that it is alleged would constitute a retrial or a review amounting to a retrial, the person would have these rights—

      (a) the right to defend himself in person or through legal assistance of his own choosing or, if he had not sufficient means to pay for legal assistance, to be given it free when the interests of justice so required;

      (b) the right to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him.'.


Lords Amendment No. 27

   

Mr Secretary Blunkett
To move, That this House disagrees with the Lords in their Amendment.


Lords Amendment No. 111

   

Mr Secretary Blunkett
To move, That this House disagrees with the Lords in their Amendment.

   

Mr Secretary Blunkett
To move the following Amendment to the Bill in lieu of the Lords Amendment:—

(a)

*Page     45,     line     7,     at end insert—

    '(8)   The judge must not decide the question in subsection (5) in the affirmative unless, in any proceedings that it is alleged would constitute a retrial or a review amounting to a retrial, the person would have these rights—

      (a) the right to defend himself in person or through legal assistance of his own choosing or, if he had not sufficient means to pay for legal assistance, to be given it free when the interests of justice so required;

      (b) the right to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him.'.


EXTRADITION BILL (PROGRAMME) (No. 3)

   

Mr Secretary Blunkett
Mr Peter Hain
That the following provisions shall apply to the Extradition Bill for the purpose of supplementing the Orders of 9th December 2002 and 25th March 2003:

Consideration of Lords Amendments

    1.   Proceedings on Consideration of Lords Amendments shall be completed at this day's sitting and shall (so far as not previously concluded) be brought to a conclusion at Six o'clock.

    2.   The Lords Amendments shall be considered in the following order, namely, Nos. 3, 26, 27, 72, 74, 111, 1 and 2, 4 to 25, 28 to 71, 73, 75 to 110, 112 to 244, and any remaining Lords Amendments.

Subsequent stages

    3.   Any further Message from the Lords may be considered forthwith without any Question put.

    4.   The proceedings on any further Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement.


 
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Prepared 13 Nov 2003