Select Committee on Home Affairs First Report


ANNEX

Cross-reference list of clause numbers to areas of concern

Clause number

Issue

Page reference

Part 1—Extradition to category 1 territories

1(1)

Delegated power to designate category 1 territories

14-15, 24

3(3) and 5(2)

Delegated power to designate "appropriate person"

26-27

4(2)

Arrested person must ask before warrant is required to be shown

27

8(3)(b)

Information judge must give to defendant about consent to extradition

27

10

Specifying information required to be included in a European Arrest Warrant

19

15

Death penalty a bar to extradition, meaning category 1 territories may have death penalty

24-26

44

Requirement for judge to be satisfied that person consenting to extradition has had access to free and adequate legal advice

28

53

Provision for Government to exclude specialty rule under the European Arrest Warrant framework decision

20

63

Specifying information required to be included in a European Arrest Warrant

19

63(2)(c)

Expansion of dual criminality exclusion, from maximum sentence of 3 years to 12 months

16-17

64

Specifying information required to be included in a European Arrest Warrant

19

65(3)

Incorporation by reference of 32 offences specified by the European Arrest Warrant framework decision

17

Part 2—Extradition to category 2 territories

68(1)

Delegated power to designate category 2 territories

14-15

71(2)

Arrested person must ask before warrant is required to be shown

27

71(7)(b)

Information judge must give to defendant about consent to extradition

27

83(3)

Relaxed evidential requirements for prima facie case: summary of statement sufficient

22-23

83(6)

Delegated power to designate country as exempt from requirement to show prima facie case

21-22

91(2)

Written undertaking sufficient to enable extradition to death penalty country

25-26

123

Requirement for judge or Secretary of State to be satisfied that person consenting to extradition has had access to free and adequate legal advice

28

134(3)

Relaxed evidential requirements for prima facie case: document that is not duly authenticated may be received in evidence

22-23

Part 5—Miscellaneous and general

202

Delegated power to amend or repeal current extradition legislation

29

205

Parliamentary procedures to which Orders in Council subject

14-15



 
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Prepared 5 December 2002