Amendment Paper as at
Tuesday 25th March 2003
CONSIDERATION OF BILL
New Amendments handed in are marked thus *
EXTRADITION BILL, AS AMENDED
NEW CLAUSES
Bail: Scotland
Mr Secretary Blunkett
NC10
To move the following Clause:—
'After section 24 of the Criminal Procedure (Scotland) Act 1995 (bail and bail conditions) insert—
"24ABail: extradition proceedings (1) In the application of the provisions of this Part by virtue of section 9(2) or 76(2) of the Extradition Act 2003 (judge's powers at extradition hearing), those provisions apply with the modifications that—
| (a) | references to the prosecutor are to be read as references to a person acting on behalf of the territory to which extradition is sought; |
| (b) | the right of the Lord Advocate mentioned in section 24(2) of this Act applies to a person subject to extradition proceedings as it applies to a person charged with any crime or offence; |
| (c) | the following do not apply— |
| (i) | paragraph (b) of section 24(3); and |
| (ii) | subsection (3) of section 30; and |
| (d) | sections 28(1) and 33 apply to a person subject to extradition proceedings as they apply to an accused. |
(2) Section 32 of this Act applies in relation to a refusal of bail, the amount of bail or a decision to allow bail or ordain appearance in proceedings under this Part as the Part applies by virtue of the sections of that Act of 2003 mentioned in subsection (1) above.
(3) The Scottish Ministers may, by order, for the purposes of section 9(2) or 76(2) of the Extradition Act 2003 make such amendments to this Part as they consider necessary or expedient.
(4) The order making power in subsection (3) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.".'.
Passage of time
Mr Secretary Blunkett
NC11
To move the following Clause:—
'A person's extradition to a category 1 territory is barred by reason of the passage of time if (and only if) it appears that it would be unjust or oppressive to extradite him by reason of the passage of time since he is alleged to have committed the extradition offence or since he is alleged to have become unlawfully at large (as the case may be).'.
Undertaking in relation to person serving sentence
Mr Secretary Blunkett
NC12
To move the following Clause:—
(1) This section applies if—
| (a) | the appropriate judge makes an order under section 45(6) or 47(3)(a) for a person's extradition to a category 1 territory; |
| (b) | the person is serving a sentence of imprisonment or another form of detention in the United Kingdom. |
(2) The judge may make the order for extradition subject to the condition that extradition is not to take place before he receives an undertaking given on behalf of the category 1 territory in terms specified by him.
(3) The terms which may be specified by the judge in relation to a person accused in a category 1 territory of the commission of an offence include terms—
| (a) | that the person be kept in custody until the conclusion of the proceedings against him for the offence and any other offence in respect of which he is permitted to be dealt with in the category 1 territory; |
| (b) | that the person be returned to the United Kingdom to serve the remainder of his sentence on the conclusion of those proceedings. |
(4) The terms which may be specified by the judge in relation to a person alleged to be unlawfully at large after conviction of an offence by a court in a category 1 territory include terms that the person be returned to the United Kingdom to serve the remainder of his sentence after serving any sentence imposed on him in the category 1 territory for—
| (b) | any other offence in respect of which he is permitted to be dealt with in the category 1 territory. |
(5) If the judge makes an order for extradition subject to a condition under subsection (2) the required period for the purposes of sections 46(2) and 48(2) is 10 days starting with the day on which the judge receives the undertaking.'.
Extradition following deferral for competing claim
Mr Secretary Blunkett
NC13
To move the following Clause:—
(1) This section applies if—
| (a) | an order is made under section 45(6) or 47(3)(a) for a person to be extradited to a category 1 territory in pursuance of a Part 1 warrant; |
| (b) | before the person is extradited to the territory an order is made under section 43(4)(b) or 179(2)(b) for the person's extradition in pursuance of the warrant to be deferred; |
| (c) | the appropriate judge makes an order under section 181(3)(a) for the person's extradition in pursuance of the warrant to cease to be deferred. |
(2) The required period for the purposes of sections 46(2) and 48(2) is 10 days starting with the day on which the order under section 181(3)(a) is made.'.
Person charged with offence in United Kingdom
Mr Secretary Blunkett
NC14
To move the following Clause:—
(1) This section applies if at any time in the extradition hearing the judge is informed that the person is charged with an offence in the United Kingdom.
(2) The judge must adjourn the extradition hearing until one of these occurs—
| (a) | the charge is disposed of; |
| (b) | the charge is withdrawn; |
| (c) | proceedings in respect of the charge are discontinued; |
| (d) | an order is made for the charge to lie on the file, or in relation to Scotland, the diet is deserted pro loco et tempore. |
(3) If a sentence of imprisonment or another form of detention is imposed in respect of the offence charged, the judge may adjourn the extradition hearing until the sentence has been served.
(4) If before he adjourns the extradition hearing under subsection (2) the judge has decided under section 78 whether the person's extradition is barred by reason of the rule against double jeopardy, the judge must decide that question again after the resumption of the hearing.'.
Person serving sentence in United Kingdom
Mr Secretary Blunkett
NC15
To move the following Clause:—
(1) This section applies if at any time in the extradition hearing the judge is informed that the person is serving a sentence of imprisonment or another form of detention in the United Kingdom.
(2) The judge may adjourn the extradition hearing until the sentence has been served.'.
Service policemen
Mr Secretary Blunkett
NC16
To move the following Clause:—
'The Secretary of State may by order provide for any provision of this Part which applies in relation to police officers or persons arrested by police officers to apply with specified modifications in relation to service policemen or persons arrested by service policemen.'.
Appeal against grant of bail
Mr Secretary Blunkett
NC17
To move the following Clause:—
(1) Section 1 of the Bail (Amendment) Act 1993 (c.26) (prosecution right of appeal against grant of bail) is amended as follows.
(2) After subsection (1) insert—
"(1A) Where a magistrates' court grants bail to a person in connection with extradition proceedings, the prosecution may appeal to a judge of the Crown Court against the granting of bail."
(3) In subsection (3) for "Such an appeal" substitute "An appeal under subsection (1) or (1A)".
(4) In subsection (4)—
| (a) | after subsection (1) insert "or (1A)"; |
| (b) | for "magistrates' court" substitute "court which has granted bail"; |
(5) In subsection (5) for "magistrates' court" substitute "court which has granted bail".
(6) In subsection (6) for "magistrates' court" substitute "court which has granted bail"
(7) In subsection (8)—
| (a) | after "subsection (1)" insert "or (1A)"; |
(8) In subsection (10)(b) for "reference in subsection (5) above to remand in custody is" substitute "references in subsections (6) and (9) above to remand in custody are".
(9) After subsection (11) insert—
Remand to local authority accommodation
Mr Secretary Blunkett
NC18
To move the following Clause:—
(1) Section 23 of the Children and Young Persons Act 1969 (remand to local authority accommodation) is amended as set out in subsections (2) to (11).
(2) In subsection (1) after "following provisions of this section" insert "(except subsection (1A))".
(3) After subsection (1) insert—
"(1A) Where a court remands a child or young person in connection with extradition proceedings and he is not released on bail the remand shall be to local authority accommodation."
(4) In subsection (4) after "subsections (5)" insert ", (5ZA)".
(5) In subsection (5) after "security requirement" insert "in relation to a person remanded in accordance with subsection (1) above".
(6) After subsection (5) insert—
"(5ZA) A court shall not impose a security requirement in relation to a person remanded in accordance with subsection (1A) above unless—
| (a) | he has attained the age of twelve and is of a prescribed description; |
| (b) | one or both of the conditions set out in subsection (5ZB) below is satisfied; and |
| (c) | the condition set out in subsection (5AA) below is satisfied. |
(5ZB) The conditions mentioned in subsection (5ZA)(b) above are—
| (a) | that the conduct constituting the offence to which the extradition proceedings relate would if committed in the United Kingdom constitute an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more; |
| (b) | that the person has previously absconded from the extradition proceedings or from proceedings in the United Kingdom or the requesting territory which relate to the conduct constituting the offence to which the extradition proceedings relate. |
(5ZC) For the purposes of subsection (5ZB) above a person has absconded from proceedings if in relation to those proceedings—
| (a) | he has been released subject to a requirement to surrender to custody at a particular time and he has failed to surrender to custody at that time, or |
| (b) | he has surrendered into the custody of a court and he has at any time absented himself from the court without its leave." |
(7) In subsection (5AA) for "subsection (5)" substitute "subsections (5) and (5ZA)".
(8) In subsection (12) for the definition of "relevant court" substitute—
""relevant court"—in relation to a person remanded to local authority accommodation under subsection (1) above, means the court by which he was so remanded, or any magistrates' court having jurisdiction in the place where he is for the time being; in relation to a person remanded to local authority accommodation under subsection (1A) above, means the court by which he was so remanded."
(9) In subsection (12) in the appropriate places insert—
""extradition proceedings" means proceedings under the Extradition Act 2003;";""requesting territory" means the territory to which a person's extradition is sought in extradition proceedings;".
(10) In section 98(1) of the Crime and Disorder Act 1998 (modifications of section 23 of the Children and Young Persons Act 1969 in relation to 15 and 16 year old boys) after paragraph (b) insert "; and
| (c) | is not remanded in connection with proceedings under the Extradition Act 2003.".'. |
