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Session 2002-03
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Home Affairs - First Report

Here you can browse the report together with the Proceedings of the Committee. The published report was ordered by the House of Commons to be printed 28 November 2002.


CONTENTS


Terms of Reference

REPORT

SUMMARY

  • INTRODUCTION
  • Purpose of this report
  • Background
  • Part 1—Extradition to category 1 territories: "fast-track" procedures
  • Part 2—Extradition to category 2 territories: "streamlining" current procedures
  • EFFECT OF THE EUROPEAN ARREST WARRANT
  • APPLICATION OF THE BILL
  • Designating states as category 1 or category 2 territories
  • PART 1—EXTRADITION TO PART 1 TERRITORIES
  • Excluding dual criminality
  • Incorporating the 32 categories of offence directly into the Bill
  • Who may issue a Part 1 warrant
  • Information required to be included in a European Arrest Warrant
  • Specialty
  • PART 2—EXTRADITION TO CATEGORY 2 TERRITORIES
  • Exemption from the prima facie case requirement
  • Relaxing evidential requirements for establishing a prima facie case
  • ISSUES RELATING TO BOTH PART 1 AND PART 2 OF THE BILL
  • Death penalty as an absolute bar to extradition
  • A  Provision for death penalty country to be designated a category 1 territory
  • B  Written assurance that death penalty will not be imposed or carried out
  • Issues relating to arrest
  • A    Delegated power to designate "appropriate person"
  • B    Arrested person must ask before warrant is required to be shown
  • C    Requirement to inform arrested person of contents of a European Arrest Warrant
  • D    Arrested person's ability to consent to extradition
  • ISSUES RELATING TO THE BILL AS A WHOLE
  • Repealing or amending the present law on extradition
  • ISSUES WITH THE DRAFT BILL THAT HAVE SUBSEQUENTLY BEEN RESOLVED
  • Detaining suspect for up to seven days following withdrawal of warrant or request
  • Lack of bar to extradition for political offences, and extradition requests motivated by race, religion, nationality or political opinions
  • Mental and physical health as a bar to extradition
  • SUMMARY OF CONCLUSIONS AND RECOMMENDATIONS

    ANNEX: CROSS-REFERENCE LIST OF CLAUSE NUMBERS TO AREAS OF

    CONCERN

    APPENDICES

    A. Current extradition practice

    B. The UK's current extradition partners

    C. The model European Arrest Warrant

    D. Article 2.2 of the European Arrest Warrant framework decision (listing the "32 offences")

    PROCEEDINGS OF THE COMMITTEE RELATING TO THE REPORT

    LIST OF WITNESSES

    LIST OF APPENDICES TO THE MINUTES OF EVIDENCE

    EVIDENCE



     
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    Prepared 5 December 2002