Amendments proposed to the Extradition Bill - continued House of Commons

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Trivial offences

   

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

NC8

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 offence for which extradition is sought is trivial.

    (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'.


ORDER OF THE HOUSE [9th DECEMBER 2002]

That the following provisions shall apply to the Extradition Bill—

Committal

(1) The Bill shall be committed to a Standing Committee.

Proceedings in Standing Committee

(2) Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on 21st January 2003.

(3) The Standing Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

(4) Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on the day on which proceedings on consideration are commenced.

(6) Sessional Order B (programming committees) made on 28th June 2001 shall not apply to proceedings on consideration and Third Reading.

Other proceedings

(7) Any other proceedings on the Bill (including any proceedings on consideration of Lords amendments or any further messages from the Lords) may be programmed.


ORDER OF THE COMMITTEE [7TH JANUARY]

That—

    (1)   during proceedings on the Extradition Bill the Standing Committee do meet on Tuesdays and Thursdays at twenty-five minutes past Nine o'clock and at half-past Two o'clock;

    (2)   9 sittings in all shall be allotted to the consideration of the Bill by the Committee;

    (3)   the proceedings to be taken at the sittings shall be as shown in the second column of the Table below and shall be taken in the order so shown;

    (4)   the proceedings which under paragraph (3) are to be taken at any sitting shall (so far as not previously concluded) be brought to a conclusion at the time specified in the third column of the Table;

    (5)   paragraph (3) does not prevent proceedings being taken (in the order shown in the second column of the Table) at any earlier sitting than that provided for under paragraph (3) if previous proceedings have already been concluded.

TABLE

SittingProceedingsTime for conclusion of proceedings
1stPart 1
2ndPart 1
3rdPart 1
4thPart 1 (so far as not previously concluded), New Clauses and New Schedules relating to Part 111.25 a.m.
5thPart 2, New Clauses and New Schedules relating to Part 25.30 p.m.
6thPart 3, New Clauses and New Schedules relating to Part 311.25 a.m.
7thPart 4
8thPart 4 (so far as not previously concluded), New Clauses and New Schedules relating to Part 411.25 a.m.
9thClauses 174 to 200, the Schedule, Clauses 201 to 208, remaining New Clauses, remaining New Schedules and remaining proceedings on the Bill5.30 p.m.


 
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