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S.C.D.

Amendment Paper as at
Thursday 16th January 2003

STANDING COMMITTEE D


EXTRADITION BILL

NOTE

The Amendments have been arranged in accordance with the Order of the Committee of 7th January.


   

Mr Bob Ainsworth

174

Clause     170,     page     90,     line     31,     at end insert—

    '(7A)   Subsection (2) applies to Scotland with the substitution of "procurator fiscal" for "constable".'.


   

Mr Oliver Letwin
Mr Nick Hawkins
Angela Watkinson
Mr Mark Francois
Mr James Paice
Mr Humfrey Malins

171

Clause     172,     page     91,     line     34,     at end insert—

      '(c) in Scotland has the meaning given by section 33 of the Criminal Law (Consolidation) (Scotland) Act 1995.'.


   

Mr Bob Ainsworth

109

Clause     178,     page     94,     line     11,     leave out from 'applicable' to first 'to' in line 12 and insert 'to extradition'.

   

Mr Bob Ainsworth

110

Clause     178,     page     94,     line     12,     leave out from second 'to' to 'to' in line 13 and insert 'extradition'.


   

Mr Oliver Letwin
Mr Nick Hawkins
Angela Watkinson
Mr Mark Francois
Mr James Paice
Mr Humfrey Malins

172

Clause     182,     page     96,     line     9,     at end insert 'to which the Criminal Legal Aid (Fixed Payments) (Scotland) Amendment Regulations 2002 apply.'.


   

Mr Oliver Letwin
Mr Nick Hawkins
Angela Watkinson
Mr Mark Francois
Mr James Paice
Mr Humfrey Malins

164

Page     107,     line     35,     leave out Clause 201.


REMAINING NEW CLAUSES

Transitional provisions

   

Mr Oliver Letwin
Mr Nick Hawkins
Angela Watkinson
Mr Mark Francois
Mr James Paice
Mr Humfrey Malins

NC3

To move the following Clause:—

       'The preceding provisions of this Act will only apply to conduct which took place after the date of Royal Assent of this Act.'.


Compatability with Crime (International Co-operation) Act 2003

   

Mr Oliver Letwin
Mr Nick Hawkins
Angela Watkinson
Mr Mark Francois
Mr James Paice
Mr Humfrey Malins

NC4

To move the following Clause—

       '.—The Secretary of State shall certify that the provisions of this Act are compatible with the provisions of the Crime (International Co-operation) Act 2003.'.


Annual report

   

Mr Oliver Letwin
Mr Nick Hawkins
Angela Watkinson
Mr Mark Francois
Mr James Paice
Mr Humfrey Malins

NC5

To move the following Clause:—

       'The Secretary of State shall publish, and lay before both Houses of Parliament, an annual report on the operation of this legislation.'.


Unconscionable delay

   

Mr Oliver Letwin
Mr Nick Hawkins
Angela Watkinson
Mr Mark Francois
Mr James Paice
Mr Humfrey Malins

NC6

To move the following Clause:—

    '(1)   This section applies if the Secretary of State believes that the conditions in subsections (2) and (3) are satisfied in relation to a person.

    (2)   The first condition is that the person's extradition is sought or will be sought under Part 1 or Part 2 in respect of an offence.

    (3)   The second condition is that there has been unconscionable delay between the time when the offence for which extradition is sought was committed and the extradition request.

    (4)   The Secretary of State may certify that the conditions in subsections (2) and (3) are satisfied in relation to the person.

    (5)   If the Secretary of State issues a certificate under subsection (4) he may—

      (a) direct that a Part 1 warrant issued in respect of the person and in respect of the offence is not to be proceeded with, or

      (b) direct that a request for the person's extradition in respect of the offence is not to be proceeded with.

    (6)   If the Secretary of State issues a certificate under subsection (4) he may order the person's discharge (instead of or in addition to giving a direction under subsection (5)).

    (7)   These rules apply if the Secretary of State gives a direction under subsection (5)(a) in respect of a warrant—

      (a) if the designated authority has not issued a certificate under section 2 in respect of the warrant it must not do so;

      (b) if the person is arrested under the warrant or under section 5 there is no requirement for him to be brought before the appropriate judge and he must be discharged;

      (c) if the person is brought before the appropriate judge under section 4 or 6 the judge is no longer required to proceed or continue proceeding under sections 7 and 8;

      (d) if the extradition hearing has begun the judge is no longer required to proceed or continue proceeding under sections 10 to 25;

      (e) if the person has consented to his extradition, the judge is no longer required to order his extradition;

      (f) if an appeal to the High Court or House of Lords has been brought, the court is no longer required to hear or continue hearing the appeal;

      (g) if the person's extradition has been ordered there is no requirement for him to be extradited.

    (8)   These rules apply if the Secretary of State gives a direction under subsection (5)(b) in respect of a request—

      (a) if he has not issued a certificate under section 69 in respect of the request he is no longer required to do so;

      (b) if the person is arrested under a warrant issued under section 70 or under a provisional warrant there is no requirement for him to appear or be brought before the appropriate judge and he must be discharged;

      (c) if the person appears or is brought before the appropriate judge the judge is no longer required to proceed or continue proceeding under sections 71, 73, 74 and 75;

      (d) if the extradition hearing has begun the judge is no longer required to proceed or continue proceeding under sections 77 to 88;

      (e) if the person has given his consent to his extradition to the appropriate judge, the judge is no longer required to send the case to the Secretary of State for his decision whether the person is to be extradited;

      (f) if an appeal to the High Court or House of Lords has been brought, the court is no longer required to hear or continue hearing the appeal;

      (g) if the person's extradition has been ordered there is no requirement for him to be extradited.

    (9)   These must be made under the hand of the Secretary of State—

      (a) a certificate under subsection (4)

      (b) a direction under subsection (5);

      (c) an order under subsection (6).

    (10)   The preceding provisions of this section apply to Scotland with these modifications—

      (a) in subsection (8)(a) for "he has" substitute "the Scottish Ministers have" and for "he is" substitute "they are";

      (b) in subsection (8)(e) for "Secretary of State for his" substitute "Scottish Ministers for their".

    (11)   In subsection (2) the reference to an enactment includes an enactment comprised in or in an instrument made under, an Act of the Scottish Parliament'.


Political reasons

   

Mr Oliver Letwin
Mr Nick Hawkins
Angela Watkinson
Mr Mark Francois
Mr James Paice
Mr Humfrey Malins

NC7

To move the following Clause:—

    '(1)   This section applies if the Secretary of State believes that the conditions in subsections (2) and (3) are satisfied in relation to a person.

    (2)   The first condition is that the person's extradition is sought or will be sought under Part 1 or Part 2 in respect of an offence.

    (3)   The second condition is that the extradition request has been made for political reasons.

    (4)   The Secretary of State may certify that the conditions in subsections (2) and (3) are satisfied in relation to the person.

    (5)   If the Secretary of State issues a certificate under subsection (4) he may—

      (a) direct that a Part 1 warrant issued in respect of the person and in respect of the offence is not to be proceeded with, or

      (b) direct that a request for the person's extradition in respect of the offence is not to be proceeded with.

    (6)   If the Secretary of State issues a certificate under subsection (4) he may order the person's discharge (instead of or in addition to giving a direction under subsection (5)).

    (7)   These rules apply if the Secretary of State gives a direction under subsection (5)(a) in respect of a warrant—

      (a) if the designated authority has not issued a certificate under section 2 in respect of the warrant it must not do so;

      (b) if the person is arrested under the warrant or under section 5 there is no requirement for him to be brought before the appropriate judge and he must be discharged;

      (c) if the person is brought before the appropriate judge under section 4 or 6 the judge is no longer required to proceed or continue proceeding under sections 7 and 8;

      (d) if the extradition hearing has begun the judge is no longer required to proceed or continue proceeding under sections 10 to 25;

      (e) if the person has consented to his extradition, the judge is no longer required to order his extradition;

      (f) if an appeal to the High Court or House of Lords has been brought, the court is no longer required to hear or continue hearing the appeal;

      (g) if the person's extradition has been ordered there is no requirement for him to be extradited.

    (8)   These rules apply if the Secretary of State gives a direction under subsection (5)(b) in respect of a request—

      (a) if he has not issued a certificate under section 69 in respect of the request he is no longer required to do so;

      (b) if the person is arrested under a warrant issued under section 70 or under a provisional warrant there is no requirement for him to appear or be brought before the appropriate judge and he must be discharged;

      (c) if the person appears or is brought before the appropriate judge the judge is no longer required to proceed or continue proceeding under sections 71, 73, 74 and 75;

      (d) if the extradition hearing has begun the judge is no longer required to proceed or continue proceeding under sections 77 to 88;

      (e) if the person has given his consent to his extradition to the appropriate judge, the judge is no longer required to send the case to the Secretary of State for his decision whether the person is to be extradited;

      (f) if an appeal to the High Court or House of Lords has been brought, the court is no longer required to hear or continue hearing the appeal;

      (g) if the person's extradition has been ordered there is no requirement for him to be extradited.

    (9)   These must be made under the hand of the Secretary of State—

      (a) a certificate under subsection (4)

      (b) a direction under subsection (5);

      (c) an order under subsection (6).

    (10)   The preceding provisions of this section apply to Scotland with these modifications—

      (a) in subsection (8)(a) for "he has" substitute "the Scottish Ministers have" and for "he is" substitute "they are";

      (b) in subsection (8)(e) for "Secretary of State for his" substitute "Scottish Ministers for their".

    (11)   In subsection (2) the reference to an enactment includes an enactment comprised in or in an instrument made under, an Act of the Scottish Parliament'.



 
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Prepared 16 Jan 2003