Trivial offences
Mr Iain Duncan Smith
Mr Oliver Letwin
Mr Nick Hawkins
Mr James Paice
Mr Dominic Grieve
Mr Mark Francois
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 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'.
Passage of time
Mr Iain Duncan Smith
Mr Oliver Letwin
Mr Nick Hawkins
Mr James Paice
Mr Dominic Grieve
Mr Mark Francois
NC8
To move the following Clause:—
'A person's extradition to a category 1 territory is barred by reason of the passage of time if it appears it would be unjust or oppressive or not proportional in all the circumstances 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).'.
Referral of Part 1 warrant to Secretary of State
Mr Iain Duncan Smith
Mr Oliver Letwin
Mr Nick Hawkins
Mr James Paice
Mr Dominic Grieve
Mr Mark Francois
NC9
To move the following Clause:—
'.¸(1) Where a Part 1 warrant has been issued in connection with conduct which would not constitute an offence under the law of the relevant part of the United Kingdom, that warrant must be referred to the Secretary of State, who must make a decision separate to any decision of the appropriate judge as to whether extradition to the requesting country would be proper in all the circumstances.
(2) The Secretary of State must make an annual report to both Houses of Parliament on the cases in which he has exercised his discretion as set out in subsection (1) above and the reasons for the exercise of his discretion in each case.'.
Injustice and oppression
Mr John Burnett
Mr Alistair Carmichael
NC19
To move the following Clause:—
'.—A person's extradition to a category 2 territory is barred if it appears that because the accusation against him is not made in good faith in the interests of justice it would, having regard to all the circumstances, be unjust or oppressive to return him.'.
Mr Iain Duncan Smith
Mr Oliver Letwin
Mr Nick Hawkins
Mr James Paice
Mr Dominic Grieve
Mr Mark Francois
15
Page 1, line 5 [Clause 1], leave out from 'Kingdom' to end of line 6 and insert 'only to countries authorised by an affirmative resolution of both Houses of Parliament and only to persons who have been charged with terrorist offences.'.
Mr John Burnett
Mr Alistair Carmichael
89
Page 1 [Clause 1], leave out line 6 and insert 'of the European Union that have abolished the death penalty in all circumstances'.
Mr Iain Duncan Smith
Mr Oliver Letwin
Mr Nick Hawkins
Mr James Paice
Mr Dominic Grieve
Mr Mark Francois
16
Page 1, line 7 [Clause 1], leave out from 'to' to end of line 8 and insert, 'territories that are party to the European Convention on Human Rights'.
Mr John Burnett
Mr Alistair Carmichael
90
Page 1, line 7 [Clause 1], leave out from second 'territories' to end of line 8 and insert 'of the European Union that have abolished the death penalty in all circumstances'.
Mr Chris Mullin
24
Page 1, line 8 [Clause 1], at end add—
'(3) A territory may not be designated for the purposes of this Part unless that territory is—
| (a) | a signatory to the European framework decision, or |
| (b) | a signatory to the convention implementing the Schengen agreement.'. |
Mr Secretary Blunkett
34
Page 1, line 8 [Clause 1], at end insert—
'( ) A territory may not be designated for the purposes of this Part if a person found guilty in the territory of a criminal offence may be sentenced to death for the offence under the general criminal law of the territory.'.
Mr Iain Duncan Smith
Mr Oliver Letwin
Mr Nick Hawkins
Mr James Paice
Mr Dominic Grieve
Mr Mark Francois
20
Page 1, line 17 [Clause 2], at end insert—
| '(c) | The statement referred to in subsections (3) and (5) shall conform with the provisions of the model warrant annexed to the framework decision.'. |
Mr Iain Duncan Smith
Mr Oliver Letwin
Mr Nick Hawkins
Mr James Paice
Mr Dominic Grieve
Mr Mark Francois
18
Page 2, line 6 [Clause 2], at end insert—
| '(c) | the terms "accused" in paragraph (a) above, and "for the purpose of being prosecuted for the offence" in paragraph (b) above, are understood to mean: |
| (i) | that sufficient evidence has already been gathered to bring a prosecution and to commit to trial the person in respect of whom the warrant is issued; and |
| (ii) | the extradition sought by the requesting state must be only for the purpose of putting the person on trial, and not for the purpose of interrogation or evidence gathering; and |
| (iii) | that if, after the extradition has been granted, it emerges that the requesting country, in the opinion of the judge granting the extradition, has not fulfilled these conditions, the person shall be returned to the United Kingdom, upon an order from the appropriate judge.'. |
Mr Secretary Blunkett
35
Page 2, line 38 [Clause 2], after 'warrant' insert '—
| (a) | is a judicial authority of the category 1 territory, and |
Mr Secretary Blunkett
36
Page 2, line 41 [Clause 2], after 'warrant' insert '—
| (a) | is a judicial authority of the category 1 territory, and |
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