Session 2012 - 13
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875

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Tuesday 5 March 2013

 

For other Amendment(s) see the following page(s) of Supplement to Votes:

 

807, 809-10, 847-70 and 871-72

 

Consideration of Bill


 

Crime and Courts Bill [Lords], As Amended

 

Mr Dominic Raab

 

Keith Vaz

 

Sir Edward Garnier

 

Caroline Lucas

 

Nick de Bois

 

Ms Gisela Stuart

 

Total signatories: 23

 

Mr Graham Brady

 

Mr David Davis

 

Dr Sarah Wollaston

 

Steve McCabe

 

Mr Andrew Mitchell

 

Zac Goldsmith

 

Mr John Redwood

 

Mr Charles Walker

 

Mike Weatherley

 

Mr Douglas Carswell

 

Sir Richard Shepherd

 

Andrew Rosindell

 

Mr James Clappison

 

Charlie Elphicke

 

Steve Baker

 

Mr Jonathan Djanogly

 

Mr David Ruffley

 

91

 

Page  303,  line  25  [Schedule  19],  leave out from ‘judge’ to end of line 9 on page 307

 

and insert ‘decides that a substantial measure of D’s relevant activity was performed in

 

the United Kingdom unless, having regard to the interests of justice, the judge decides that

 

the extradition should take place.

 

      (3)  

Matters relevant to the interests of justice include but are not limited to—

 

(a)    

the extent and place where most of the loss or harm resulting from the

 

extradition offence occurred or was intended to occur;

 

(b)    

the interests of any victims of the extradition offence;

 

(c)    

the availability of evidence necessary for a fair trial in the United

 

Kingdom and in jurisdictions outside the United Kingdom;

 

(d)    

the desirability and practicability of all prosecutions relating to the

 

extradition offence taking place in one jurisdiction; and

 

(e)    

D’s nationality, place of habitual residence and other connections with

 

the United Kingdom.

 

      (4)  

In this section “D’s relevant activity” means activity which is material to the

 

commission of the extradition offence and which is alleged to have been

 

performed by D.’.


 
 

Notices of Amendments: 5 March 2013                     

876

 

Crime and Courts Bill [Lords] continued

 
 

Mr Dominic Raab

 

Keith Vaz

 

Sir Edward Garnier

 

Caroline Lucas

 

Nick de Bois

 

Ms Gisela Stuart

 

Total signatories: 23

 

Mr Graham Brady

 

Mr David Davis

 

Dr Sarah Wollaston

 

Steve McCabe

 

Mr Andrew Mitchell

 

Zac Goldsmith

 

Mr John Redwood

 

Mr Charles Walker

 

Mike Weatherley

 

Mr Douglas Carswell

 

Sir Richard Shepherd

 

Andrew Rosindell

 

Mr James Clappison

 

Charlie Elphicke

 

Steve Baker

 

Mr Jonathan Djanogly

 

Mr David Ruffley

 

92

 

Page  307,  line  30  [Schedule  19],  leave out from ‘judge’ to end of line 9 on page 311

 

and insert ‘decides that a substantial measure of D’s relevant activity was performed in

 

the United Kingdom unless, having regard to the interests of justice, the judge decides that

 

the extradition should take place.

 

      (3)  

Matters relevant to the interests of justice include but are not limited to—

 

(a)    

the extent and place where most of the loss or harm resulting from the

 

extradition offence occurred or was intended to occur;

 

(b)    

the interests of any victims of the extradition offence;

 

(c)    

the availability of evidence necessary for a fair trial in the United

 

Kingdom and in jurisdictions outside the United Kingdom;

 

(d)    

the desirability and practicability of all prosecutions relating to the

 

extradition offence taking place in one jurisdiction; and

 

(e)    

D’s nationality, place of habitual residence and other connections with

 

the United Kingdom.

 

      (4)  

In this section “D’s relevant activity” means activity which is material to the

 

commission of the extradition offence and which is alleged to have been

 

performed by D.’.

 

Mr Dominic Raab

 

Keith Vaz

 

Sir Edward Garnier

 

Caroline Lucas

 

Nick de Bois

 

Ms Gisela Stuart

 

Total signatories: 23

 

Mr Graham Brady

 

Mr David Davis

 

Dr Sarah Wollaston

 

Steve McCabe

 

Mr Andrew Mitchell

 

Zac Goldsmith

 

Mr John Redwood

 

Mr Charles Walker

 

Mike Weatherley

 

Mr Douglas Carswell

 

Sir Richard Shepherd

 

Andrew Rosindell

 

Mr James Clappison

 

Charlie Elphicke

 

Steve Baker

 

Mr Jonathan Djanogly

 

Mr David Ruffley

 

93

 

Page  311,  line  32  [Schedule  19],  leave out from ‘Part 2’ to end of line 46 on page

 

312, and insert—


 
 

Notices of Amendments: 5 March 2013                     

877

 

Crime and Courts Bill [Lords] continued

 
 

‘Part 2

 

European arrest warrant safeguards

 

10         

Part 1 of the Extradition Act 2003 (extradition to category 1 territories) is

 

amended as follows.

 

11         

In section 7 (Identity of person arrested) after subsection (4) insert—

 

“(4A)    

If the judge decides the question in the affirmative he must decide

 

whether the person in respect of whom the warrant was issued is the

 

person who is alleged to have committed, or to have been convicted

 

for, the offence on which the warrant is based.

 

(4B)    

The judge must decide the question in subsection (4A) on the balance

 

of probabilities, but if he considers there is reasonable doubt as to that

 

question, he may not decide it in the affirmative unless he has first

 

requested the issuing authority to provide further information within

 

the time specified in the request (which must not be less than a

 

reasonable time in all the circumstances) and the issuing authority has

 

provided him with all the information requested within that time.

 

(4C)    

If the judge decides the question in subsection (4A) in the negative he

 

must order the person’s discharge.”.

 

12         

In section 11 (Bars to extradition), in subsection (1), after paragraph (c)

 

insert—

 

“(ca)    

prematurity;”.

 

13         

After section 14 insert—

 

“14A  

Prematurity in accusation cases

 

(1)    

A person’s extradition to a category 1 territory is barred by

 

prematurity if (and only if)—

 

(a)    

he is accused of committing an extradition offence; and

 

(b)    

it appears that the proceedings against him in respect of that

 

offence are not yet ready for trial.

 

(2)    

A decision by the judge that a person’s extradition is barred by reason

 

of prematurity does not prevent the subsequent execution of a Part 1

 

warrant against that person in respect of the same extradition

 

offence.”.

 

14  (1)  

Section 26 (Appeal against extradition order) is amended as follows.

 

      (2)  

For subsection (4) substitute—

 

“(4)    

Notice of an appeal under this section must be given in accordance

 

with rules of court before the end of the permitted period, which is—

 

(a)    

14 days starting with the day on which the order is made; or

 

(b)    

such longer period as the court considers is in the interests of

 

justice.”.’.

 


 
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Revised 6 March 2013