(1-7)

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

LORDS AMENDMENTs
TO THE
eXTRADITION BILL
[The page and line references are to HL Bill 50(Rev) as first printed for the Lords.]
Clause 1
1
Page 1, line 6, leave out “Order in Council” and insert “order made by the Secretary

of State”
Clause 2
2
Page 1, line 15, leave out second “an” and insert “a judicial”
3
Page 2, line 12, leave out from “including” to end of line 14 and insert “a

description of the circumstances in which the offence was committed, including

the time, place and degree of participation in the offence by the requested person,

the nature and legal classification of the offence and the applicable statutory

provision;”
4
Page 2, line 39, leave out paragraph (a)
5
Page 2, line 43, leave out paragraph (a)
6
Page 2, line 46, leave out “Order in Council” and insert “order made by the

Secretary of State”
7
Page 2, line 47, leave out “Order in Council” and insert “order”
8
Page 3, line 3, leave out subsection (11)
Clause 4
9
Page 3, line 29, leave out from beginning to first “as” in line 31 and insert “A copy

of the warrant must be given to the person”
10
Page 3, line 31, leave out “request” and insert “arrest”
11
Page 3, line 33, at end insert—

Bill 178 53/2

(  2  )

“(3A)
If subsection (2) is not complied with and the person applies to the judge to

be discharged, the judge may order his discharge.”
12
Page 3, line 34, leave out “(2) or”
13
Page 3, line 34, leave out “the person must be taken to be discharged” and insert

“and the person applies to the judge to be discharged, the judge must order his

discharge”
14
Page 3, line 38, after “subsection” insert “(3A) or”
Clause 5
15
Page 4, line 3, leave out “reason to believe” and insert “reasonable grounds for

believing”
Clause 6
16
Page 4, line 33, at end insert—

“(4A)
A copy of the warrant must be given to the person as soon as practicable

after his arrest.”
17
Page 4, line 34, leave out “the person must be taken to be discharged” and insert

“and the person applies to the judge to be discharged, the judge must order his

discharge”
18
Page 4, line 35, at end insert—

“(5A)
If subsection (4A) is not complied with and the person applies to the judge

to be discharged, the judge may order his discharge.”
19
Page 4, line 38, at end insert “or (5A)”
20
Page 4, line 38, at end insert—

“(7)
Subsection (8) applies if—

(a)
a person is arrested under section 5 on the basis of a belief that a

Part 1 warrant has been or will be issued in respect of him;

(b)
the person is discharged under subsection (5) or (5A).

(8)
The person must not be arrested again under section 5 on the basis of a

belief relating to the same Part 1 warrant.”
Clause 8
21
Page 6, line 6, leave out “there are exceptional circumstances” and insert “it to be

in the interests of justice to do so”
Clause 13
22
Page 7, line 39, after “nationality” insert “, gender, sexual orientation”
23
Page 7, line 42, after “nationality” insert “, gender, sexual orientation”
Clause 18
24
Page 9, leave out line 37

(  3  )

Clause 20
25
Page 10, leave out lines 9 to 26 and insert “whether the person was convicted in his

presence.

(2)
If the judge decides the question in subsection (1) in the affirmative he must

proceed under section 21.

(3)
If the judge decides that question in the negative he must decide whether

the person deliberately absented himself from his trial.

(4)
If the judge decides the question in subsection (3) in the affirmative he must

proceed under section 21.

(5)
If the judge decides that question in the negative he must decide whether

the person would be entitled to a retrial or (on appeal) to a review

amounting to a retrial.

(6)
If the judge decides the question in subsection (5) in the affirmative he must

proceed under section 21.

(7)
If the judge decides that question in the negative he must order the

person’s discharge.”
26
Page 10, line 26, at end insert—

“(8)
For the purposes of subsection (5), the judge should not regard as a retrial

or (on appeal) a review amounting to a retrial, any proceedings that do not

in particular include provision for—

(a)
the suspect to be present at the retrial;

(b)
the suspect to have like rights to hear and examine witnesses as he

would have done at the original trial;

(c)
the suspect to have the same right to publicly funded legal services

as any suspect or defendant.”
After Clause 21
27
Insert the following new Clause—

“Minimum procedural rights

(1)
In reaching a decision under section 21(1) the judge shall have particular

regard to the person’s Convention rights under Article 6.3 of the European

Convention on Human Rights.

(2)
For the purposes of subsection (1), the judge may accept a written

assurance from an appropriate authority in the category 1 territory in

which the warrant was issued that the person’s Convention rights under

Article 6.3 will be observed.

(3)
Where a written assurance has been given under subsection (2), the

Secretary of State shall make arrangements to monitor the subsequent

conduct of the proceedings against the person in the territory to which he

has been extradited.

(4)
If the Secretary of State believes as a result of monitoring under subsection

(3) that a person’s Convention rights under Article 6.3 have not been

observed, he may draw that conclusion to the attention of a judge acting

(  4  )

under section 21 in relation to any proceedings for the extradition of any

other person to the same category 1 territory.”
Clause 31
28
Page 14, line 12, after “period” insert “(the relevant period)”
29
Page 14, line 14, after first “the” insert “relevant”
30
Page 14, line 19, after fourth “the” insert “relevant”
31
Page 14, line 19, at end insert—

“(3A)
The High Court may extend the relevant period if it believes it to be in the

interests of justice to do so; and this subsection may apply more than once.

(3B)
The power in subsection (3A) may be exercised even after the end of the

relevant period.”
Clause 37
32
Page 18, leave out lines 34 and 35 and insert—

“(6)
Subsections (7) and (8) apply if the judge makes an order for extradition

subject to a condition under subsection (3).

(7)
If the judge does not receive the undertaking before the end of the period

of 21 days starting with the day on which he makes the order and the

person applies to the appropriate judge to be discharged, the judge must

order his discharge.

(8)
If the judge receives the undertaking before the end of that period—”
Clause 39
33
Page 19, line 30, at end insert—

“(3A)
Subsection (3) is subject to section (Certificate in respect of asylum claimant).”
34
Page 19, line 34, at end insert—

“(za)
when the Secretary of State makes his decision on the claim, if there

is no right to appeal against the Secretary of State’s decision on the

claim;”
35
Page 19, line 36, after “if” insert “there is such a right but”
36
Page 20, line 5, leave out subsections (9) to (11)
After Clause 39
37
Insert the following new Clause—

(  5  )

“Certificate in respect of asylum claimant

(1)
Section 39(3) does not apply in relation to a person if the Secretary of State

has certified that the conditions in subsection (2) or the conditions in

subsection (3) are satisfied in relation to him.

(2)
The conditions are that—

(a)
the category 1 territory to which the person’s extradition has been

ordered has accepted that, under standing arrangements, it is the

responsible State in relation to the person’s asylum claim;

(b)
in the opinion of the Secretary of State, the person is not a national

or citizen of the territory.

(3)
The conditions are that, in the opinion of the Secretary of State—

(a)
the person is not a national or citizen of the category 1 territory to

which his extradition has been ordered;

(b)
the person’s life and liberty would not be threatened in that

territory by reason of his race, religion, nationality, political opinion

or membership of a particular social group;

(c)
the government of the territory would not send the person to

another country otherwise than in accordance with the Refugee

Convention.

(4)
In this section—


“the Refugee Convention” has the meaning given by section 167(1) of

the Immigration and Asylum Act 1999 (c. 33);


“standing arrangements” means arrangements in force between the

United Kingdom and the category 1 territory for determining

which State is responsible for considering applications for asylum.”
Clause 40
38
Page 20, line 26, at end insert “as soon as practicable”
Clause 41
39
Page 20, line 41, at end insert “as soon as practicable”
Clause 42
40
Page 21, line 19, at end insert “as soon as practicable”
Clause 50
41
Page 25, line 15, leave out paragraph (c)
Clause 53
42
Page 26, line 36, leave out “category 1”
43
Page 26, line 40, leave out “an” and insert “a judicial”
44
Page 26, line 40, leave out “category 1”
45
Page 26, line 44, at end insert—

(  6  )

“(3A)
The judge must serve notice on the person that he has received the request

for consent, unless he is satisfied that it would not be practicable to do so.”
46
Page 27, line 4, leave out “there are exceptional circumstances” and insert “it to be

in the interests of justice to do so”
47
Page 27, line 9, leave out from beginning to “must” in line 10 and insert “the judge

does not exercise the power in subsection (5) to extend the period, he”
Clause 54
48
Page 27, line 16, leave out “category 1”
49
Page 27, line 31, at end insert—

“(8)
Consent is not required to the person being dealt with in the territory for

the offence if the person has been given an opportunity to leave the

territory and—

(a)
he has not done so before the end of the permitted period, or

(b)
if he did so before the end of the permitted period, he has returned

there.

(9)
The permitted period is 45 days starting with the day on which the person

arrived in the territory following his extradition there in accordance with

this Part.

(10)
Subject to subsection (8), the judge must decide whether consent is

required to the person being dealt with in the territory for the offence by

reference to what appears to him to be the law of the territory or

arrangements made between the territory and the United Kingdom.”
Clause 55
50
Page 27, line 41, leave out “an” and insert “a judicial”
51
Page 28, line 4, at end insert—

“(3A)
The judge must serve notice on the person that he has received the request

for consent, unless he is satisfied that it would not be practicable to do so.”
52
Page 28, line 8, leave out “there are exceptional circumstances” and insert “it to be

in the interests of justice to do so”
53
Page 28, line 13, leave out from beginning to “must” in line 14 and insert “the judge

does not exercise the power in subsection (5) to extend the period, he”
Clause 56
54
Page 28, line 36, at end insert—

“(8)
Consent is not required to the person’s extradition to the other territory for

the offence if the person has been given an opportunity to leave the

requesting territory and—

(a)
he has not done so before the end of the permitted period, or

(b)
if he did so before the end of the permitted period, he has returned

there.

(  7  )

(9)
The permitted period is 45 days starting with the day on which the person

arrived in the requesting territory following his extradition there in

accordance with this Part.

(10)
Subject to subsection (8), the judge must decide whether consent is

required to the person’s extradition to the other territory for the offence by

reference to what appears to him to be the arrangements made between the

requesting territory and the United Kingdom.”
Clause 57
55
Page 28, line 39, after “territory” insert “(the requesting territory)”
56
Page 29, line 1, leave out “appropriate judge” and insert “Secretary of State”
57
Page 29, line 6, leave out “an” and insert “a judicial”
58
Page 29, line 6, leave out “category 1” and insert “requesting”
59
Page 29, line 10, at end insert—

“(3A)
The Secretary of State must serve notice on the person that he has received

the request for consent, unless he is satisfied that it would not be

practicable to do so.”
60
Page 29, line 11, leave out “judge” and insert “Secretary of State”
61
Page 29, line 13, leave out “judge” and insert “Secretary of State”
62
Page 29, line 14, at end insert—

“(5A)
If the Secretary of State decides that question in the affirmative he must

decide whether the appropriate judge would send the case to him (for his

decision whether the person was to be extradited) under sections 78 to 90

if—

(a)
the person were in the United Kingdom, and

(b)
the judge were required to proceed under section 78 in respect of

the offence for which the Secretary of State’s consent is requested.

(5B)
If the Secretary of State decides the question in subsection (5A) in the

negative he must refuse his consent.”
63
Page 29, line 15, leave out “judge” and insert “Secretary of State”
64
Page 29, line 15, leave out from “whether” to “if” in line 26
65
Page 29, line 30, leave out “must” and insert “may”
66
Page 29, line 33, leave out from beginning to “to” in line 34 and insert “This section

applies in relation to any function which falls under this section to be exercised in

relation to Scotland only as if the references in this section”
Clause 58
67
Page 30, line 3, at end insert—

“(5)
But subsection (4) does not apply if—

(a)
the person was extradited for the purpose of being prosecuted for

an offence, and