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Noble Lords: Yes.

The Deputy Chairman of Committees: Amendment No. 267ZA has already been spoken to.

Lord Filkin: I am so sorry. I beg to move.

On Question, amendment agreed to.

Lord Filkin moved Amendment No. 267ZB:


The noble Lord said: I thank the Deputy Chairman for giving me a further opportunity to speak to this amendment. It relates to Clauses 212, which specifies the constituent part or parts of the United Kingdom to which certain clauses do or do not apply. The need

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arises from the amendment in another place to insert Clause 194 modifying existing Scots law on bail in relation to extradition proceedings.

The effect of Clause 194 is that Scots law on bail applies to persons facing extradition in so far as this is consistent with the Bill. Obviously as Clause 194 applies only to Scotland, it is necessary for it to be added to the Scotland-only provisions listed in the extent provisions in Clause 212. The intention of the amendment is to do so. I hope that your Lordships will understand and welcome the amendment and I now invite the Committee to agree to it.

As this may be the last occasion on which I shall speak on this Bill—I sincerely hope that it is—I should like, although it is improper, to thank all Members who have taken part in the nine days of proceedings. It has been a good process and, as the temperature has reduced, the quality of exploration has improved and increased. Perhaps I should not have said the latter.

Baroness Carnegy of Lour: Clearly this is simply a draft amendment. However, I want to suggest that it is not absolutely correct. It should read,


    "leave out 'Section 184 extends' and insert 'Sections 184 and 194 extend'".

The word "extends" should read "extend".

Lord Filkin: I give an undertaking to look at that point and I shall write to the noble Baroness, Lady Carnegy, about it before we reach Report stage.

On Question, amendment agreed to.

Clause 212, as amended, agreed to.

Clause 213 agreed to.

Lord Filkin moved Amendment No. 267A:


    Before the Schedule, insert the following new schedule—

"RE-EXTRADITION: MODIFICATIONS
PART 1
CATEGORY 1 TERRITORIES

1 In section 11(1), omit paragraphs (c), (g) and (h).
2 Omit sections 14, 18 and 19.
3 In section 21(3), for "must" substitute "may".
4 In section 31(2), for paragraphs (a) and (b) substitute "would (apart from section (Re-extradition hearing) (1)) be released from detention pursuant to the UK sentence (whether or not on licence)".
5 In section 39(2)(a), for "a certificate is issued under section 2 in respect of the warrant" substitute "the person would (apart from section (Re-extradition hearing) (1)) be released from detention pursuant to the UK sentence (whether or not on licence)".
6 In section 43(2)(a), for "following his arrest under this Part" substitute "under section (Re-extradition hearing) (1)".
7 In section 44(1), for the words from "arrested" to "issued" substitute "brought before the appropriate judge under section (Re-extradition hearing) (1) may consent to his extradition to the territory in which the overseas sentence was imposed".
8 In section 187(2), for the words "a certificate is issued under section 2 or 69 in respect of the extradition claim" substitute "the person would (apart from section (Re-extradition hearing) (1)) be released from detention pursuant to the UK sentence (whether or not on licence)".

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PART 2
CATEGORY 2 TERRITORIES

9 In section 77, omit subsections (2), (3), (5) and (8).
10 In section 77, for subsection (4) substitute—
"(4) The judge must decide whether the offence specified in the request is an extradition offence."
11 In section 77(6), for "any of the questions" substitute "the question".
12 In section 77(7), for "those questions" substitute "that question".
13 In section 78(1), omit paragraph (c).
14 Omit section 81.
15 In section 86(3), for the words from "must send the case" to "extradited" substitute "may order the person to be extradited to the category 2 territory".
16 In section 86, after subsection (3) insert—
"(4) If the judge makes an order under subsection (3) he must remand the person in custody or on bail to wait for his extradition to the territory.
(5) If the judge remands the person in custody he may later grant bail."
17 In section 101(1)—
(a) for the words from "sends a case" to "extradited" substitute "orders a person's extradition under this Part"; and
(b) for "the relevant decision" substitute "the order".
18 In section 101(2), for the words from "the person" to "the Secretary of State" substitute "the order is made under section 126".
19 In section 101, omit subsections (3), (5), (6) and (7).
20 In section 101(8), for the words from "the Secretary of State" to "extradition" substitute "the order is made".
21 In section 102, omit subsections (1)(b), (6) and (7).
22 In section 104, omit subsections (1)(b), (7) and (8).
23 In section 115(1)(a), for "the Secretary of State" substitute "the appropriate judge".
24 In section 115(1)(b), for the words from "permitted period" to "extradition" substitute "period permitted under that section".
25 In section 115, after subsection (1) insert—
"(1A) But this section does not apply if the order is made under section 126."
26 In section 115(2), for "the Secretary of State" substitute "the judge".
27 In section 117(1)(a), for "the Secretary of State" substitute "the appropriate judge".
28 In section 117, in subsections (2), (3) and (4) and in each place in subsection (5), for "the Secretary of State" substitute "the judge".
29 In section 118, after subsection (1) insert—
"(1A) But this section does not apply if the order for the person's extradition is made under section 126."
30 In section 119(2)(a), for "a certificate is issued under section 69 in respect of the request" substitute "the person would (apart from section (Re-extradition hearing) (1)) be released from detention pursuant to the UK sentence (whether or not on licence)".
31 In section 125(1), for the words from "arrested" to "requested" substitute "brought before the appropriate judge under section (Re-extradition hearing) (1) may consent to his extradition to the territory in which the overseas sentence was imposed".
32 In section 125, omit subsections (4) and (5).
33 In section 125(3), before paragraph (a) insert—
"(aa) must be given before the appropriate judge;".

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34 In section 126, after subsection (1) insert—
"(1A) The judge must remand the person in custody or on bail.
(1B) If the judge remands the person in custody he may later grant bail."
35 In section 126(4), for the words from "send the case" to "extradited" substitute "within the period of 10 days starting with the day on which consent is given order the person's extradition to the category 2 territory".
36 In section 126, after subsection (5) insert—
"(6) Subsection (4) has effect subject to section 126B.
(7) If subsection (4) is not complied with and the person applies to the judge to be discharged the judge must order his discharge."
37 After section 126 insert—
"126A EXTRADITION TO CATEGORY 2 TERRITORY FOLLOWING CONSENT
(1) This section applies if the appropriate judge makes an order under section 126(4) for a person's extradition to a category 2 territory.
(2) The person must be extradited to the category 2 territory before the end of the required period, which is 28 days starting with the day on which the order is made.
(3) If subsection (2) is not complied with and the person applies to the judge to be discharged the judge must order his discharge, unless reasonable cause is shown for the delay.
126B EXTRADITION CLAIM FOLLOWING CONSENT
(1) This section applies if—
(a) a person consents under section 125 to his extradition to a category 2 territory; and
(b) before the judge orders his extradition under section 126(4), the judge is informed that the conditions in subsection (2) or (3) are met.
(2) The conditions are that—
(a) the Secretary of State has received another valid request for the person's extradition to a category 2 territory;
(b) the other request has not been disposed of.
(3) The conditions are that—
(a) a certificate has been issued under section 2 in respect of a Part 1 warrant issued in respect of the person;
(b) the warrant has not been disposed of.
(4) The judge must not make an order under section 126(4) until he is informed what order has been made under section 124(2) or 181(2).
(5) If the order under section 124(2) or 181(2) is for further proceedings on the request under consideration to be deferred until the other request, or the warrant, has been disposed of, the judge must remand the person in custody or on bail.
(6) If the judge remands the person in custody he may later grant bail.
(7) If—
(a) the order under section 124(2) or 181(2) is for further proceedings on the request under consideration to be deferred until the other request, or the warrant, has been disposed of, and
(b) an order is made under section 182 for proceedings on the request under consideration to be resumed,
the period specified in section 126(4) must be taken to be 10 days starting with the day on which the order under section 182 is made.
(8) If the order under section 124(2) or 181(2) is for further proceedings on the other request, or the warrant, to be deferred until the request under consideration has been disposed of, the period specified in section 126(4) must be taken to be 10 days starting with the day on which the judge is informed of the order.

10 Sept 2003 : Column GC52


126C EXTRADITION FOLLOWING DEFERRAL FOR COMPETING CLAIM
(1) This section applies if—
(a) an order is made under section 126(4) for a person to be extradited to a category 2 territory in pursuance of a request for his extradition;
(b) before the person is extradited to the territory an order is made under section 124(2) or 181(2) for the person's extradition in pursuance of the request to be deferred;
(c) the appropriate judge makes an order under section 183(3)(a) for the person's extradition in pursuance of the request to cease to be deferred.
(2) The required period for the purposes of section 126A(2) is 28 days starting with the day on which the order under section 183(3)(a) is made."
38 In section 187(2), for the words "a certificate is issued under section 2 or 69 in respect of the extradition claim" substitute "the person would (apart from section (Re-extradition hearing) (1)) be released from detention pursuant to the UK sentence (whether or not on licence)"."

On Question, amendment agreed to.


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