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Amendments to the Extradition Bill

Extradition Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON THIRD READING


[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 2

 

THE LORD LAMONT OF LERWICK
THE BARONESS ANELAY OF ST JOHNS

1Page 2, line 9, leave out "with a view to" and insert "for"
2Page 2, line 9, leave out from "issued" to end of line 11 and insert "for his arrest and extradition to the category 1 territory for the purpose of being prosecuted, within 6 months of his extradition, for the offence"
3Page 2, line 9, leave out from "issued" to end of line 11 and insert "for his arrest and extradition to the category 1 territory for the purpose of being prosecuted, within 6 months of his extradition, for the offence, and
(c)  the person will be prosecuted in the category (1) territory within 6 months, or at the expiry of the period of 6 months will be returned to the United Kingdom."
 

Clause 4

 

THE BARONESS SCOTLAND OF ASTHAL

4Page 3, line 30, leave out from beginning to first "as" in line 31 and insert "A copy of the warrant must be given to the person"
5Page 3, line 34, at end insert—
"(3A)  If subsection (2) is not complied with and the person applies to the judge to be discharged, the judge may order his discharge."
6Page 3, line 35, leave out "(2) or"
7Page 3, line 39, after "subsection" insert "(3A) or"
 

Clause 5

 

THE BARONESS SCOTLAND OF ASTHAL

8Page 4, line 3, leave out "reason to believe" and insert "reasonable grounds for believing"
 

Clause 6

 

THE BARONESS SCOTLAND OF ASTHAL

9Page 4, line 34, leave out from beginning to "to" and insert "A copy of the warrant must be given"
10Page 4, line 36, leave out "or (5)"
11Page 4, line 37, at end insert—
"(6A)  If subsection (5) is not complied with and the person applies to the judge to be discharged, the judge may order his discharge."
12Page 4, line 40, at end insert "or (6A)"
13Page 5, line 1, at end insert "or (6A)"
 

Clause 8

 

THE BARONESS SCOTLAND OF ASTHAL

14Page 6, line 13, leave out "there are exceptional circumstances" and insert "it to be in the interests of justice to do so"
 

Clause 55

 

THE BARONESS SCOTLAND OF ASTHAL

15Page 28, line 18, leave out "there are exceptional circumstances" and insert "it to be in the interests of justice to do so"
 

Clause 57

 

THE BARONESS SCOTLAND OF ASTHAL

16Page 29, line 35, leave out "there are exceptional circumstances" and insert "it to be in the interests of justice to do so"
 

Clause 60

 

THE BARONESS SCOTLAND OF ASTHAL

17Page 32, line 8, after "sentence" insert "if and"
 

After Clause 69

 

THE LORD LAMONT OF LERWICK

18Insert the following new Clause—
 

"Commencement of Part 1 (No. 1)

  This Part shall not come into force until the Secretary of State has laid a report before both Houses of Parliament confirming that all category 1 territories have demonstrated that they have an effective system of legal aid."
19Insert the following new Clause—
 

"Commencement of Part 1 (No. 2)

  This Part shall not come into force until the Secretary of State has laid a report before both Houses of Parliament confirming that all category 1 territories will make available, to each defendant who is not a citizen of the requesting state—
(a)  full simultaneous interpretation of any proceedings involving the person, and
(b)  full translation of any documents relating to the case involving the person
  into a language which he understands."
20Insert the following new Clause—
 

"Commencement of Part 1 (No. 3)

(1)  This Part shall not come into force until the conditions in subsections (2) and (3) are satisfied.
(2)  The first condition is that the Secretary of State has laid a report before both Houses of Parliament confirming that all category 1 territories will make available, to each defendant who is not a citizen of the requesting state—
(a)  full simultaneous interpretation of any proceedings involving the person, and
(b)  full translation of any documents relating to the case involving the person,
  into a language which he understands.
(3)  The second condition is that a European Union-wide agreement on bail is in operation whereby—
(a)  persons extradited to one EU state from another are granted bail on the same terms as nationals of the requesting state, and
(b)  if any accused person breaches his bail conditions and either returns to the surrendering country or moves to another category 1 territory he will be automatically liable to re-extradition to the requesting state."
 

Clause 72

 

THE BARONESS SCOTLAND OF ASTHAL

21Page 40, line 7, leave out "it appears to the judge" and insert "the judge has reasonable grounds for believing"
 

Clause 73

 

THE BARONESS SCOTLAND OF ASTHAL

22Page 41, line 1, leave out from beginning to first "as" in line 2 and insert "A copy of the warrant must be given to the person"
23Page 41, line 9, at end insert—
"(4A)  If subsection (2) is not complied with and the person applies to the judge to be discharged, the judge may order his discharge."
24Page 41, line 10, leave out "(2) or"
 

Clause 74

 

THE BARONESS SCOTLAND OF ASTHAL

25Page 41, line 37, leave out "it appears to him" and insert "he has reasonable grounds for believing"
 

Clause 75

 

THE BARONESS SCOTLAND OF ASTHAL

26Page 42, line 40, leave out from beginning to first "as" in line 41 and insert "A copy of the warrant must be given to the person"
27Page 43, line 4, at end insert—
"(4A)  If subsection (2) is not complied with and the person applies to the judge to be discharged, the judge may order his discharge."
28Page 43, line 5, leave out "(2) or"
 

Clause 76

 

THE BARONESS SCOTLAND OF ASTHAL

29Page 43, line 41, leave out "there are exceptional circumstances" and insert "it to be in the interests of justice to do so"
 

Clause 77

 

THE BARONESS SCOTLAND OF ASTHAL

30Page 44, line 15, leave out "there are exceptional circumstances" and insert "it to be in the interests of justice to do so"
 

Clause 133

 

THE BARONESS SCOTLAND OF ASTHAL

31Page 72, line 18, after "sentence" insert "if and"
 

Clause 143

 

THE BARONESS SCOTLAND OF ASTHAL

32Page 79, line 10, leave out "is reason to believe" and insert "are reasonable grounds for believing"
 

Clause 157

 

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

33Page 87, line 7, at end insert—
"(1A)  Searches under warrant carried out under this section must be conducted solely for the purpose of obtaining evidence for the prosecution of the extradition offence; and no such search should in any way constitute investigation of that offence."
 

Clause 163

 

THE BARONESS SCOTLAND OF ASTHAL

34Page 92, line 20, leave out "reason to believe" and insert "reasonable grounds for believing"
 

Clause 165

 

THE BARONESS SCOTLAND OF ASTHAL

35Page 94, line 9, leave out "reason to believe" and insert "reasonable grounds for believing"
 

Clause 173

 

THE BARONESS SCOTLAND OF ASTHAL

36Page 98, line 42, leave out "reason to believe" and insert "reasonable grounds for believing"
37Page 99, line 13, leave out "reason to believe" and insert "reasonable grounds for believing"
 

Clause 188

 

THE BARONESS SCOTLAND OF ASTHAL

38Page 107, line 30, 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"
39Page 107, line 33, leave out "taken to be"
 

Clause 213

 

THE BARONESS SCOTLAND OF ASTHAL

40Page 122, line 12, leave out "and 50(3)(b)" and insert ", 50(3)(b), 191(3) and 192(2)(a)"

 
 
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12 November 2003