Session 2013 - 14
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Other Bills before Parliament


 
 

Consideration of Bill: 14 October 2013                  

1015

 

Anti-social Behaviour, Crime and Policing Bill, continued

 
 

(b)    

After “the judge must decide” insert “both of the following questions in

 

respect of the extradition of the person (“D”)—

 

(a),’

 

(c)    

After “the Convention rights within the meaning of the Human Rights

 

Act 1998 (c.42)” and insert “; and

 

(b) whether the extradition would be disproportionate.’

 

(d)    

After subsection (1) insert—

 

“(1A)    

In deciding whether the extradition would be disproportionate,

 

the judge must take into account the specified matters relating to

 

proportionality.

 

(1B)    

These are the specified matters relating to proportionality—

 

(a)    

the seriousness of the conduct for which the requested

 

person was convicted of the extradition offence;

 

(b)    

whether the sentence which the person received in

 

respect of the extradition offence was initially

 

suspended;

 

(c)    

the conduct of the requested person;

 

(d)    

the passage of time since the person became unlawfully

 

at large; and

 

(e)    

any other matter which the judge considers to be

 

relevant.

 

(1C)    

The judge must order D’s discharge if the judge makes one or

 

both of these decisions—

 

(a)    

that the extradition woudl not be compatible with the

 

Convention rights;

 

(b)    

that the extradition would be disproportionate.”

 

(1D)    

The judge must order D to be extradited to the category 1

 

territory in which the warrant was issued if the judge makes both

 

of these decisions—

 

(a)    

that the extradition would be compatible with the

 

Convention rights;

 

(b)    

that the extradition would not be disproportionate.”

 

(e)    

In subsection (4), after “if the judge makes an order under subsection” for

 

“(3)” substitute “(1D)”.’.

 



 
 

Consideration of Bill: 14 October 2013                  

1016

 

Anti-social Behaviour, Crime and Policing Bill, continued

 
 

Service of sentence in United Kingdom

 

Mr Dominic Raab

 

Nick de Bois

 

Keith Vaz

 

Ms Gisela Stuart

 

Mr Graham Brady

 

Zac Goldsmith

 

Steve Baker

 

Bob Blackman

 

Mrs Anne Main

 

Conor Burns

 

Mr Douglas Carswell

 

Simon Reevell

 

Sir Richard Shepherd

 

Martin Vickers

 

Mr John Redwood

 

Dr Sarah Wollaston

 

Mark Reckless

 

Mr Bernard Jenkin

 

Mr David Ruffley

 

Mr Phillip Hollobone

 

Richard Drax

 

Mr William Cash

 

Mr Charles Walker

 

Mark Field

 

Mr David Nuttall

 

Mr David Davis

 

Mark Pritchard

 

Tim Loughton

 

Henry Smith

 

NC22

 

To move the following Clause:—

 

‘(1)    

The Extradition Act 2003 is amended as follows.

 

(2)    

After Section 20 (Case where person is convicted) insert—

 

“20A  

Service of sentence in the United Kingdom

 

(1)    

If the judge is required to proceed under this section he must decide

 

whether the person is a United Kingdom national or a resident of the

 

United Kingdom.

 

(2)    

If the judge decides the question in subsection (1) in the negative he must

 

proceed under section 21.

 

(3)    

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

 

whether it is possible for the person to serve the sentence in the United

 

Kingdom.

 

(4)    

If the judge decides the question in subsection (3) in the negative he must

 

proceed under section 21.

 

(5)    

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

 

whether the person consents to serve the sentence for which his

 

extradition is sought in the United Kingdom.

 

(6)    

If the judge decides the question in subsection (5) in the negative he must

 

proceed under section 21.

 

(7)    

If the judge decides that question in the affirmative he may refuse

 

extradition provided that he orders the person to serve the sentence (or to

 

complete the service of the sentence) in the United Kingdom.

 

(8)    

Where the judge makes an order under subsection (7) he shall issue a

 

warrant authorising the person’s detention in the United Kingdom and

 

containing any provisions which the judge considers appropriate for

 

giving effect to the sentence which gave rise to the proceedings (or the

 

portion of the sentence remaining unserved)’.”


 
 

Consideration of Bill: 14 October 2013                  

1017

 

Anti-social Behaviour, Crime and Policing Bill, continued

 
 

(3)    

In Section 20, subsections (2), (4) and (6) for “proceed under section 21”

 

substitute “proceed under section 20A”.’.

 


 

Mistaken identity

 

Mr Dominic Raab

 

Nick de Bois

 

Keith Vaz

 

Ms Gisela Stuart

 

Mr Graham Brady

 

Zac Goldsmith

 

Steve Baker

 

Bob Blackman

 

Mrs Anne Main

 

Conor Burns

 

Mr Douglas Carswell

 

Simon Reevell

 

Sir Richard Shepherd

 

Martin Vickers

 

Mr John Redwood

 

Dr Sarah Wollaston

 

Mark Reckless

 

Mr Bernard Jenkin

 

Mr David Ruffley

 

Mr Phillip Hollobone

 

Richard Drax

 

Mr William Cash

 

Mr Charles Walker

 

Mark Field

 

Mr David Nuttall

 

Mr David Davis

 

Mark Pritchard

 

Tim Loughton

 

Henry Smith

 

NC23

 

To move the following Clause:—

 

‘(1)    

The Extradition Act 2003 is amended as follows.

 

(2)    

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

 

“(4A)    

If the judge decides that question in the afformative 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 a 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 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.”.’.

 



 
 

Consideration of Bill: 14 October 2013                  

1018

 

Anti-social Behaviour, Crime and Policing Bill, continued

 
 

Human rights: legal and evidential standards

 

Mr Dominic Raab

 

Nick de Bois

 

Keith Vaz

 

Ms Gisela Stuart

 

Mr Graham Brady

 

Zac Goldsmith

 

Steve Baker

 

Bob Blackman

 

Mrs Anne Main

 

Conor Burns

 

Mr Douglas Carswell

 

Simon Reevell

 

Sir Richard Shepherd

 

Martin Vickers

 

Mr John Redwood

 

Dr Sarah Wollaston

 

Mark Reckless

 

Mr Bernard Jenkin

 

Mr David Ruffley

 

Mr Phillip Hollobone

 

Richard Drax

 

Mr William Cash

 

Mr Charles Walker

 

Mark Field

 

Mr David Nuttall

 

Mr David Davis

 

Mark Pritchard

 

Tim Loughton

 

Henry Smith

 

NC24

 

To move the following Clause:—

 

‘(1)    

The Extradition Act 2003 is amended as follows.

 

(2)    

After section 21 (Human rights) insert—

 

“21A  

Human rights: legal and evidential standards

 

(1)    

This section applies if the judge is required, under section 21 or 21A, to

 

determine whether extradition would be compatabile with the

 

Convention righs.

 

(2)    

The person’s extradition would not be compatible with the Convention

 

rights if—

 

(a)    

there is a real risk that the person, if surrendered, would be

 

subject to treatment in the category 1 territory that, if taking

 

place in the United Kingdom, would be an act or omission made

 

unlawful by section 6 of the 1998 Act;

 

(b)    

in relation to the matters giving rise to the Part 1 warrant, the

 

person has previously been subject to treatment that, if taking

 

place in the United Kingdom, would be an act or omission made

 

unlawful by section 6 of the 1998 Act; or

 

(c)    

the person’s removal from the United Kingdom would be

 

incompatible with the Convention rights.

 

(3)    

The judge shall not treat a matter set out in subsection (2)(a) or (b) as

 

established unless there is material before him on which a court might

 

reasonably so conclude; but if there is such material before him, he shall

 

treat that matter as established unless satisfied to the contrary.

 

(4)    

For the purposes of subsection (3), the judge shall have regard to—

 

(a)    

judgements issued by the European Court of Human Rights

 

against the category 1 territory under Article 46 of the

 

Convention (pilot judgement);

 

(b)    

the existence of proceedings under Article 226 of the Treaty on

 

the Functioning of the European Union against the category 1

 

territory in respect of measures adopted under Article 82(2) of


 
 

Consideration of Bill: 14 October 2013                  

1019

 

Anti-social Behaviour, Crime and Policing Bill, continued

 
 

that Treaty, and any judgment given by the Court of Justice of the

 

European Union in such proceedings.”.’.

 


 

Forum

 

Mr Dominic Raab

 

Nick de Bois

 

Keith Vaz

 

Ms Gisela Stuart

 

Mr Graham Brady

 

Zac Goldsmith

 

Steve Baker

 

Bob Blackman

 

Mrs Anne Main

 

Conor Burns

 

Mr Douglas Carswell

 

Simon Reevell

 

Sir Richard Shepherd

 

Martin Vickers

 

Mr John Redwood

 

Dr Sarah Wollaston

 

Mark Reckless

 

Mr Bernard Jenkin

 

Mr David Ruffley

 

Mr Phillip Hollobone

 

Richard Drax

 

Mr William Cash

 

Mr Charles Walker

 

Mark Field

 

Mr David Nuttall

 

Mr David Davis

 

Mark Pritchard

 

Tim Loughton

 

Henry Smith

 

NC25

 

To move the following Clause:—

 

‘(1)    

Schedule 20 (Extradition) of the Crime and Court Act 2013 is amended as

 

follows.

 

(2)    

In paragraph 3, omit from subparagraph (2)(a) to the end of the paragraph and

 

substitute—

 


 

“decides that a substantial measure of D’s relevant activity was performed in the

 

United Kingdom unless, having regard to the interest 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;

 

(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.”

 

(3)    

In paragraph 6, omit from subparagraph (2)(a) to the end of the paragraph and

 

substitute—

 

“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.


 
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Revised 14 October 2013