(15-18)

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

(  15  )

and the person applies to the High Court to be discharged, the court must

order his discharge.

(7)
If the Secretary of State receives the undertaking before the end of that

period—”
Clause 119
126
Page 61, line 31, 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;”
127
Page 61, line 33, after “if” insert “there is such a right but”
128
Page 62, line 1, leave out subsection (9)
Clause 120
129
Page 62, line 16, at end insert “as soon as practicable”
Clause 122
130
Page 63, line 2, at end insert “as soon as practicable”
Clause 123
131
Page 63, line 23, at end insert “as soon as practicable”
Clause 124
132
Page 63, line 41, after “account” insert “in particular”
Clause 127
133
Page 65, line 19, leave out “category 2”
134
Page 65, line 22, leave out “category 2”
135
Page 65, line 24, at end insert—

“(2A)
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.”
136
Page 65, line 28, at end insert—

“(4A)
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.

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(4B)
If the Secretary of State decides the question in subsection (4A) in the

negative he must refuse his consent.”
137
Page 65, line 31, at end insert “, 94 or 95”
Clause 128
138
Page 65, line 38, after “territory” insert “(the requesting territory)”
139
Page 66, line 5, leave out “category 2 territory referred to in subsection (1)(a)” and

insert “requesting territory”
140
Page 66, line 7, at end insert—

“(2A)
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.”
141
Page 66, line 11, at end insert—

“(4A)
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.

(4B)
If the Secretary of State decides the question in subsection (4A) in the

negative he must refuse his consent.”
142
Page 66, line 14, at end insert “, 94 or 95”
Clause 129
143
Page 66, line 21, after “territory” insert “(the requesting territory)”
144
Page 66, line 27, leave out “category 2” and insert “requesting”
145
Page 66, line 29, at end insert—

“(2A)
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.”
Clause 130
146
Page 67, line 11, 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

(b)
the person has not been convicted of the offence or of any other

offence in respect of which he was permitted to be dealt with in the

category 2 territory.

(6)
In a case falling within subsection (5), time during which the person was

not in the United Kingdom as a result of his extradition counts as time

served by him as part of his sentence if and only if it was spent in custody

(  17  )

in connection with the offence or any other offence in respect of which he

was permitted to be dealt with in the territory.”
Clause 134
147
Leave out Clause 134
Clause 135
148
Leave out Clause 135
Clause 136
149
Page 69, line 31, after “is” insert “alleged to be”
150
Page 69, line 33, after “offence” insert “specified in the request”
151
Page 70, line 14, at end insert—

“(e)
section 84(5) has effect as if after “entitled” there were inserted “in

the convicting territory”;

(f)
section 117(4) has effect as if “a category 2 territory” read “the

convicting territory” and as if “the category 2 territory” in both

places read “the convicting territory”;

(g)
section 138(1) has effect as if “a category 2 territory” read “the

convicting territory”;

(h)
in section 138, subsections (2), (3), (4), (5) and (7) have effect as if

“the category 2 territory” read “the convicting territory”.”
Clause 138
152
Page 72, line 41, leave out paragraph (b) and insert—

“(b)
a sentence of imprisonment or another form of detention for a term

of 4 months or a greater punishment has been imposed in the

category 2 territory in respect of the conduct;”
Clause 142
153
Page 74, line 12, leave out “is reason to believe” and insert “are reasonable grounds

for believing”
154
Page 75, line 5, leave out subsection (8)
Clause 146
155
Page 77, line 9, leave out paragraph (d)
Clause 152
156
Page 80, line 20, after “from” insert “—

(i)
a category 1 territory under law of the territory

corresponding to Part 1 of this Act, or

(ii)
”

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Clause 153
157
Page 80, line 32, after “from” insert “—

(i)
a category 1 territory under law of the territory

corresponding to Part 1 of this Act, or

(ii)
”
158
Page 80, line 36, after “that” insert—

“(a)”
159
Page 80, line 38, at end insert “, and

(b)
before the end of the period of 3 months starting immediately after

the end of the required period the person asks the Secretary of State

to return him to the territory from which he was extradited.”
160
Page 80, line 39, after “that” insert—

“(a)”
161
Page 80, line 40, leave out “these provisions” and insert “the provisions specified

in subsection (3A), and

(b)
before the end of the period of 3 months starting immediately after

the date of his acquittal or discharge the person asks the Secretary

of State to return him to the territory from which he was extradited.

(3A)
The provisions are”
162
Page 81, line 3, leave out “, if asked to do so by the person,”
163
Page 81, line 4, leave out from “back” to end of line and insert “, free of charge and

with as little delay as possible, to the territory from which he was extradited to the

United Kingdom in respect of the offence.”
164
Page 81, line 6, leave out “subsection (4) applies” and insert “subsections (2)(b),

(3)(b) and (4) apply”
Before Clause 154
165
Insert the following new Clause—

“Restriction on bail where undertaking given by Secretary of State

(1)
This section applies in relation to a person if—

(a)
the Secretary of State has given an undertaking in connection with

the person’s extradition to the United Kingdom, and

(b)
the undertaking includes terms that the person be kept in custody

until the conclusion of any proceedings against him in the United

Kingdom for an offence.

(2)
A court, judge or justice of the peace may grant bail to the person in the

proceedings only if the court, judge or justice of the peace considers that

there are exceptional circumstances which justify it.”
Clause 155
166
Page 81, line 27, at end insert—

“(d)
that material, or material of that description, is believed to be on the

premises.”