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Lord Hodgson of Astley Abbotts: I am grateful to the Minister and am very happy with his reassurance that he will reconsider the wording of Clause 181(1)(a). I am also grateful for his assurance that the list is not exhaustive. I believe that failure to include the date when the offence is committed is a strange omission. The date when the warrant is issued is one thing, but it seems to me that the date of the offence is probably more important.

Lord Filkin: This may be an issue to which we shall return later. There can be confusion, argument or doubt as to when an offence is committed. There can be circumstances when it is not clear when an offence was committed. We shall return to that matter later. Therefore, the order—that is, when a warrant is made—is a certainty, whereas, in some circumstances, there can be considerable confusion about exactly when an offence occurred.

Lord Hodgson of Astley Abbotts: I am grateful to the Minister for that further comment. I take comfort from the fact that, in any case, the list is not exhaustive. Therefore, I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 181 agreed to.

Clauses 182 and 183 agreed to.

10 Sept 2003 : Column GC17

4.45 p.m.

Lord Davies of Oldham moved Amendment No. 249ZA:


    Before Clause 184, insert the following new clause—


"LEGAL ADVICE, ASSISTANCE AND REPRESENTATION: ENGLAND AND WALES
In section 12(2) of the Access to Justice Act 1999 (c. 22) (meaning of "criminal proceedings") for paragraph (c) substitute—
"(c) proceedings for dealing with an individual under the Extradition Act 2003,"."

The noble Lord said: In moving Amendment No. 249ZA on behalf of my noble friend, I shall speak also to the other amendments in this group—albeit very briefly.

As the Committee will be aware, the Bill was amended at Report stage in another place to provide that our existing legislation—the Extradition Act 1989 and the Backing of Warrants (Republic of Ireland) Act 1965—will be repealed in their entirety. That has avoided any suggestion of a Henry VIII power, and I am sure that that is welcome to the Committee.

However, the consequence is that we now need to pick up, and repeal, references to those Acts in other legislation, and that is the purpose of this group of amendments. As I said, I do not want to go into detail but I should probably explain why I shall shortly invite Members of the Committee to remove Clause 190 from the Bill.

Clause 205 repeals the 1965 and 1989 Acts outright. That was not the case when Clause 190 was originally included in the Bill. As consequential amendments to existing legislation are required as a result of Clause 205, the amendments to the International Criminal Court Act 2001 are best addressed, with the other amendments, in the schedule. Paragraph 13 of the new schedule replaces the existing Clause 190 in the Bill, amending Schedule 2 to the 2001 Act. With that explanation, I beg to move.

Lord Hodgson of Astley Abbotts: These are fairly technical amendments and we should like the chance to read what the Minister said rather than react too extempore. With regard to the question of bringing the definition of "criminal proceedings" within the Access to Justice Act, throughout the Bill we have had a great deal of discussion about access to legal advice and assistance. I believe the overwhelming view on all sides of the Committee has been that we should ensure that the defendant has access to independent legal advice at all stages of the extradition process. It seems to me that, if that is what will now happen, that is a welcome development and obviously it is in line with the ECHR. Therefore, we would support the amendment if that is what it achieved, but perhaps we may have the opportunity to look through what the Minister said.

Perhaps I may ask the Minister one question in relation to Amendment No. 267B on page 18 of the Marshalled List. This point may be too detailed and the Minister may like to return to it later. In the wording of the amendment which relates to Section 5 of the Suppression of Terrorism Act, there is a

10 Sept 2003 : Column GC18

substitution under the heading, "Power to apply section 4 to non-convention countries". What caught my eye was Section 5(1), which states:


    "The Secretary of State may by order direct that section 4 above shall apply in relation to a country".

Where we have orders on important matters such as this, I should like to know what the implications are. Perhaps the Minister can either provide an explanation—if his officials can give him a briefing now—or write to us. In addition, can he tell us whether the order is to be made under the positive or the negative procedure?

Lord Davies of Oldham: My expertise was exhausted after the first sentence of the noble Lord's contribution. I am unhappy to say that I am not sure whether my officials can respond quite that quickly to a very technical point. The noble Lord will recognise that in moving the amendment I sought to assert clearly that this is merely a drafting position. However, I recognise the noble Lord's anxieties and we shall of course write to him so that he is fully reassured on that point.

On Question, amendment agreed to.

Clauses 184 to 188 agreed to.

Lord Davies of Oldham moved Amendments Nos. 249A to 249D:


    After Clause 188, insert the following new clause—


"RE-EXTRADITION: PRELIMINARY
(1) Section (Re-extradition hearing) applies in relation to a person if the conditions in subsections (2) to (6) are satisfied.
(2) The first condition is that the person was extradited to a territory in accordance with Part 1 or Part 2.
(3) The second condition is that the person was serving a sentence of imprisonment or another form of detention in the United Kingdom (the UK sentence) before he was extradited.
(4) The third condition is that—
(a) if the person was extradited in accordance with Part 1, the Part 1 warrant in pursuance of which he was extradited contained a statement that it was issued with a view to his extradition for the purpose of being prosecuted for an offence;
(b) if the person was extradited in accordance with Part 2, the request in pursuance of which the person was extradited contained a statement that the person was accused of the commission of an offence.
(5) The fourth condition is that a certificate issued by a judicial authority of the territory shows that—
(a) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment (the overseas sentence) was imposed on the person in the territory;
(b) the overseas sentence was imposed on him in respect of—
(i) the offence specified in the warrant or request, or
(ii) any other offence committed before his extradition in respect of which he was permitted to be dealt with in the territory.
(6) The fifth condition is that before serving the overseas sentence the person was returned to the United Kingdom to serve the remainder of the UK sentence."

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After Clause 188, insert the following new clause—


"RE-EXTRADITION HEARING
(1) If this section applies in relation to a person, as soon as practicable after the relevant time the person must be brought before the appropriate judge for the judge to decide whether the person is to be extradited again to the territory in which the overseas sentence was imposed.
(2) The relevant time is the time at which the person would otherwise be released from detention pursuant to the UK sentence (whether or not on licence).
(3) If subsection (1) is not complied with the person must be taken to be discharged.
(4) The person must be treated as continuing in legal custody until he is brought before the appropriate judge under subsection (1) or he is taken to be discharged under subsection (3).
(5) If the person is brought before the appropriate judge under subsection (1) the judge must decide whether the territory in which the overseas sentence was imposed is—
(a) a category 1 territory;
(b) a category 2 territory;
(c) neither a category 1 territory nor a category 2 territory.
(6) If the judge decides that the territory is a category 1 territory, section (Re-extradition to category 1 territories) applies.
(7) If the judge decides that the territory is a category 2 territory, section (Re-extradition to category 2 territories) applies.
(8) If the judge decides that the territory is neither a category 1 territory nor a category 2 territory, he must order the person's discharge.
(9) A person's discharge as a result of this section or section (Re-extradition to category 1 territories) or (Re-extradition to category 2 territories) does not affect any conditions on which he is released from detention pursuant to the UK sentence.
(10) Section 139 applies for determining the appropriate judge for the purposes of this section." After Clause 188, insert the following new clause—


"RE-EXTRADITION TO CATEGORY 1 TERRITORIES
(1) If this section applies, this Act applies as it would if—
(a) a Part 1 warrant had been issued in respect of the person;
(b) the warrant contained a statement that—
(i) the person was alleged to be unlawfully at large after conviction of the relevant offence, and
(ii) the warrant was issued with a view to the person's arrest and extradition to the territory for the purpose of serving a sentence imposed in respect of the relevant offence;
(c) the warrant were issued by the authority of the territory which issued the certificate referred to in section (Re-extradition: preliminary) (5);
(d) the relevant offence were specified in the warrant;
(e) the judge were the appropriate judge for the purposes of Part 1;
(f) the hearing at which the judge is to make the decision referred to in section (Re-extradition hearing) (1) were the extradition hearing;
(g) the proceedings before the judge were under Part 1.
(2) As applied by subsection (1) this Act has effect with the modifications set out in Part 1 of Schedule (Re-extradition: modifications).
(3) The relevant offence is the offence in respect of which the overseas sentence is imposed."

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After Clause 188, insert the following new clause—


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