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| | Page 310, line 6 [Schedule 19], at end insert— |
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| | | ‘( ) | In Scotland, for the purpose of determining any questioning of a relevant |
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| | | certification decision, the High Court must apply the procedures and principles |
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| | | that would be applied by it on an application for judicial review.’. |
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| | Page 311, line 32 [Schedule 19], leave out from ‘Part 2’ to end of line 46 on page |
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| | | European arrest warrant safeguards |
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| | | 10 | Part 1 of the Extradition Act 2003 (extradition to category 1 territories) is |
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| | | 11 | In section 7 (Identity of person arrested) after subsection (4) insert— |
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| | | “(4A) | If the judge decides the question in the affirmative he must decide |
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| | | whether the person in respect of whom the warrant was issued is the |
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| | | person who is alleged to have committed, or to have been convicted |
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| | | for, the offence on which the warrant is based. |
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| | | (4B) | The judge must decide the question in subsection (4A) on the balance |
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| | | of probabilities, but if he considers there is reasonable doubt as to that |
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| | | question, he may not decide it in the affirmative unless he has first |
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| | | requested the issuing authority to provide further information within |
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| | | the time specified in the request (which must not be less than a |
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| | | reasonable time in all the circumstances) and the issuing authority has |
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| | | provided him with all the information requested within that time. |
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| | | (4C) | If the judge decides the question in subsection (4A) in the negative he |
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| | | must order the person’s discharge.”. |
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| | | 12 | In section 11 (Bars to extradition), in subsection (1), after paragraph (c) |
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| | | 13 | After section 14 insert— |
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| | | “14A | Prematurity in accusation cases |
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| | | (1) | A person’s extradition to a category 1 territory is barred by |
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| | | prematurity if (and only if)— |
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| | | (a) | he is accused of committing an extradition offence; and |
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| | | (b) | it appears that the proceedings against him in respect of that |
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| | | offence are not yet ready for trial. |
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| | | (2) | A decision by the judge that a person’s extradition is barred by reason |
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| | | of prematurity does not prevent the subsequent execution of a Part 1 |
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| | | warrant against that person in respect of the same extradition |
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| | | 14 (1) | Section 26 (Appeal against extradition order) is amended as follows. |
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| | | (2) | For subsection (4) substitute— |
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| | | “(4) | Notice of an appeal under this section must be given in accordance |
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| | | with rules of court before the end of the permitted period, which is— |
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| | | (a) | 14 days starting with the day on which the order is made; or |
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| | | (b) | such longer period as the court considers is in the interests of |
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| | Page 47, line 5 [Clause 43], leave out ‘2’ and insert ‘[Modification of NCA |
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| | Page 47, line 21 [Clause 43], at end insert— |
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| | | ‘( ) | regulations under section [Restraint orders and legal aid: |
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| | Page 47, line 27 [Clause 43], at end insert— |
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| | | ‘(k) | an order under paragraph 5 of Schedule [The NCA: Northern Ireland].’. |
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| | Page 47, line 37 [Clause 43], at end insert— |
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| | | ‘( ) | an order under paragraph 1, 2, 3 or 4 of Schedule [The NCA: Northern |
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| | Page 47, line 37 [Clause 43], at end insert— |
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| | | ‘( ) | an order under Schedule [Proceeds of crime provisions: Northern |
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| | Page 49, line 13 [Clause 46], after first ‘to’ insert ‘26 and [Supreme Court chief |
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| | executive, officers and staff] and’. |
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| | Page 49, line 13 [Clause 46], before ‘28’ insert ‘27 and’. |
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| | Page 49, line 13 [Clause 46], leave out ‘(except section 24(2))’. |
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| | Page 49, line 15 [Clause 46], at end insert— |
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| | | ‘( ) | Subsection (3) does not apply to— |
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| | | (a) | Part 4A of Schedule 13, or section 18 so far as relating to that Part; |
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| | Page 49, line 15 [Clause 46], at end insert— |
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| | | ‘( ) | Section [Varying designations of authorities responsible for remanded young |
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| | | persons] comes into force on the day after the day on which this Act is passed.’. |
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| | Page 49, line 16 [Clause 46], after ‘24(2)’ insert ‘, [Making and use of recordings |
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| | of Supreme Court proceedings]’. |
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| Page 49, line 16 [Clause 46], leave out ‘and 29’ and insert ‘, 29, [Exemplary |
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| | damages] and [Costs of legal proceedings: publishers]’. |
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| | Mr Chancellor of the Exchequer |
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| | Page 49, line 17 [Clause 46], at end insert— |
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| | | ‘( ) | An order under subsection (2) may not be made so as to bring into force any of |
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| | | sections [Awards of exemplary damages] to [Awards of costs] before the coming |
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| | | into force of section [Application of sections [Awards of exemplary damages] to |
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| | The Deputy Prime Minister |
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| | | Page 49, line 17 [Clause 46], at end insert— |
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| | | ‘( ) | Sections [Awards of exemplary damages] to [Awards of aggravated damages] |
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| | | come into force at the end of the period of one year beginning with the day on |
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| | | which a body is established by Royal Charter with the purpose of carrying on |
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| | | activities relating to the recognition of independent regulators of relevant |
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| | | publishers (as defined by section [Meaning of “relevant publisher”]).’. |
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| | Page 49, line 30 [Clause 46], leave out subsection (8) and insert— |
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| | | ‘(8) | The following come into force on the day on which this Act is passed— |
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| | | (a) | Part 4A of Schedule 13, and section 18 so far as relating to that Part; |
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| | | (b) | section 33 (except subsection (6)(a)); |
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| | | (c) | Part 2 of Schedule 17; |
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| | | (d) | sections 43 to 45 and this section.’. |
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| | Page 49, line 31 [Clause 46], at end insert— |
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| | | ‘( ) | Section 30 comes into force on the day on which this Act is passed.’. |
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| | Page 49, line 31 [Clause 46], at end insert— |
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| | | ‘( ) | Schedule [The NCA: Northern Ireland] comes into force on the day on which this |
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| | Page 49, line 31 [Clause 46], at end insert— |
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| | | ‘( ) | Schedule [Proceeds of crime provisions: Northern Ireland] comes into force on |
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| | | the day on which this Act is passed.’. |
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| | Mr Chancellor of the Exchequer |
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| | Page 49, line 37 [Clause 46], at end insert— |
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| | | ‘( ) | sections [Awards of exemplary damages] to [Other interpretative |
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| | | Page 49, line 37 [Clause 46], at end insert— |
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| | | ‘(ca) | sections [Exemplary damages] and [Costs of legal proceedings: |
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| | Page 50, line 13 [Clause 46], at end insert— |
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| | | ‘( ) | This section is subject to Schedule [The NCA: Northern Ireland] (the NCA: |
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| | Page 50, line 13 [Clause 46], at end insert— |
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| | | ‘( ) | This section is subject to Schedule [Proceeds of crime provisions: Northern |
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| | | Ireland] (proceeds of crime provisions: Northern Ireland).’. |
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| | | Bill read the third time, and passed with amendments. |
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