(19-25)

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

(  19  )
167
Page 82, line 13, leave out “judge” and insert “justice of the peace”
168
Page 82, line 40, leave out “subsection (1)” and insert “subsections (1) and (7)”
169
Page 82, line 44, at end insert—

“(e)
subsections (8)(e) and (9) are omitted.”
Clause 161
170
Page 86, line 30, after “believing” insert “—

(a)
if the person has not been convicted of the relevant offence,”
171
Page 86, line 31, leave out “or” and insert “;

(b)
in any case, that there is on the premises evidence (other than items

subject to legal privilege) relating”
172
Page 86, line 35, leave out “reason to believe” and insert “reasonable grounds for

believing”
173
Page 86, line 39, leave out “or has been convicted”
174
Page 86, line 42, leave out paragraphs (a) and (b) and insert “—

(a)
if the person has not been convicted of the relevant offence, is a

power to search for evidence (other than items subject to legal

privilege) relating to the relevant offence;

(b)
in any case, is a power to search for evidence (other than items

subject to legal privilege) relating to the identity of the person.

(4A)
The power to search conferred by subsection (2) is exercisable only to the

extent that it is reasonably required for the purpose of discovering

evidence in respect of which the power is available by virtue of subsection

(4).”
175
Page 87, line 4, leave out “subsection (4)” and insert “subsections (4) and (4A)”
Clause 163
176
Page 88, line 11, after “suspecting” insert “—

(a)
if the person has not been convicted of the relevant offence,”
177
Page 88, line 13, leave out “or” and insert “;

(b)
in any case, that there is on the premises evidence (other than items

subject to legal privilege) relating”
178
Page 88, line 17, leave out “reason to believe” and insert “reasonable grounds for

believing”
179
Page 88, line 21, leave out “or has been convicted”
180
Page 88, line 24, leave out paragraphs (a) and (b) and insert “—

(a)
if the person has not been convicted of the relevant offence, is a

power to search for evidence (other than items subject to legal

privilege) relating to the relevant offence;

(b)
in any case, is a power to search for evidence (other than items

subject to legal privilege) relating to the identity of the person.

(4A)
The power to search conferred by subsection (2) is exercisable only to the

extent that it is reasonably required for the purpose of discovering

(  20  )

evidence in respect of which the power is available by virtue of subsection

(4).”
181
Page 88, line 30, leave out “subsection (4)” and insert “subsections (4) and (4A)”
Clause 171
182
Page 93, line 9, leave out “reason to believe” and insert “reasonable grounds for

believing”
183
Page 93, line 22, leave out “reason to believe” and insert “reasonable grounds for

believing”
Clause 172
184
Page 94, line 29, at end insert—

“(8)
If the Secretary of State publishes a draft code of practice in connection with

a matter specified in subsection (1) before the date on which this section

comes into force—

(a)
the draft is as effective as one published under subsection (2) on or

after that date;

(b)
representations made to the Secretary of State about the draft before

that date are as effective as representations made to him about it

after that date;

(c)
modifications made by the Secretary of State to the draft in the light

of any such representations before that date are as effective as any

such modifications made by him on or after that date.”
Before Clause 176
185
Insert the following new Clause—

“Extradition from British overseas territories

(1)
This section applies in relation to extradition—

(a)
from a British overseas territory to a category 1 territory;

(b)
from a British overseas territory to the United Kingdom;

(c)
from a British overseas territory to a category 2 territory;

(d)
from a British overseas territory to any of the Channel Islands or the

Isle of Man.

(2)
An Order in Council may provide for any provision of this Act applicable

to extradition from the United Kingdom to apply to extradition in a case

falling within subsection (1)(a) or (b).

(3)
An Order in Council may provide for any provision of this Act applicable

to extradition from the United Kingdom to a category 2 territory to apply

to extradition in a case falling within subsection (1)(c) or (d).

(4)
An Order in Council under this section may provide that the provision

applied has effect with specified modifications.”
186
Insert the following new Clause—

(  21  )

“Extradition to British overseas territories

(1)
This section applies in relation to extradition—

(a)
to a British overseas territory from a category 1 territory;

(b)
to a British overseas territory from the United Kingdom;

(c)
to a British overseas territory from a category 2 territory;

(d)
to a British overseas territory from any of the Channel Islands or the

Isle of Man.

(2)
An Order in Council may provide for any provision of this Act applicable

to extradition to the United Kingdom to apply to extradition in a case

falling within subsection (1)(a) or (b).

(3)
An Order in Council may provide for any provision of this Act applicable

to extradition to the United Kingdom from a category 2 territory to apply

to extradition in a case falling within subsection (1)(c) or (d).

(4)
An Order in Council under this section may provide that the provision

applied has effect with specified modifications.”
Clause 176
187
Leave out Clause 176
Clause 177
188
Leave out Clause 177
Clause 178
189
Leave out Clause 178
Clause 179
190
Leave out Clause 179
Clause 180
191
Leave out Clause 180
Clause 181
192
Page 98, line 11, after “account” insert “in particular”
Clause 182
193
Page 98, line 30, at end insert—

“(1A)
The judge may make an order for proceedings on the deferred claim to be

resumed.

(1B)
No order under subsection (1A) may be made after the end of the required

period.”
194
Page 98, line 33, leave out subsection (3) and insert—

(  22  )

“(3)
If the person applies to the appropriate judge to be discharged, the judge

must order his discharge if—

(a)
the required period has ended, and

(b)
the judge has not made an order under subsection (1A) or ordered

the person’s discharge.”
Clause 183
195
Page 99, line 6, at end insert—

“(1A)
The judge may make an order for the person’s extradition in pursuance of

the deferred claim to cease to be deferred.

(1B)
No order under subsection (1A) may be made after the end of the required

period.”
196
Page 99, line 9, leave out subsection (3) and insert—

“(3)
If the person applies to the appropriate judge to be discharged, the judge

must order his discharge if—

(a)
the required period has ended, and

(b)
the judge has not made an order under subsection (1A) or ordered

the person’s discharge.”
Before Clause 184
197
Insert the following new Clause—

“Legal advice, assistance and representation: England and Wales

In section 12(2) of the Access to Justice Act 1999 (c. 22) (meaning of

“criminal proceedings”) for paragraph (c) substitute—

“(c)
proceedings for dealing with an individual under the

Extradition Act 2003,”.”
Clause 187
198
Leave out Clause 187
Clause 188
199
Leave out Clause 188
After Clause 188
200
Insert the following new Clause—

(  23  )

“Re-extradition: preliminary

(1)
Section (Re-extradition hearing) applies in relation to a person if the

conditions in subsections (2) to (6) are satisfied.

(2)
The first condition is that the person was extradited to a territory in

accordance with Part 1 or Part 2.

(3)
The second condition is that the person was serving a sentence of

imprisonment or another form of detention in the United Kingdom (the UK

sentence) before he was extradited.

(4)
The third condition is that—

(a)
if the person was extradited in accordance with Part 1, the Part 1

warrant in pursuance of which he was extradited contained a

statement that it was issued with a view to his extradition for the

purpose of being prosecuted for an offence;

(b)
if the person was extradited in accordance with Part 2, the request

in pursuance of which the person was extradited contained a

statement that the person was accused of the commission of an

offence.

(5)
The fourth condition is that a certificate issued by a judicial authority of the

territory shows that—

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

of 4 months or a greater punishment (the overseas sentence) was

imposed on the person in the territory;

(b)
the overseas sentence was imposed on him in respect of—

(i)
the offence specified in the warrant or request, or

(ii)
any other offence committed before his extradition in

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

territory.

(6)
The fifth condition is that before serving the overseas sentence the person

was returned to the United Kingdom to serve the remainder of the UK

sentence.”
201
Insert the following new Clause—

“Re-extradition hearing

(1)
If this section applies in relation to a person, as soon as practicable after the

relevant time the person must be brought before the appropriate judge for

(  24  )

the judge to decide whether the person is to be extradited again to the

territory in which the overseas sentence was imposed.

(2)
The relevant time is the time at which the person would otherwise be

released from detention pursuant to the UK sentence (whether or not on

licence).

(3)
If subsection (1) is not complied with and the person applies to the judge to

be discharged, the judge must order his discharge.

(4)
The person must be treated as continuing in legal custody until he is

brought before the appropriate judge under subsection (1) or he is

discharged under subsection (3).

(5)
If the person is brought before the appropriate judge under subsection (1)

the judge must decide whether the territory in which the overseas sentence

was imposed is—

(a)
a category 1 territory;

(b)
a category 2 territory;

(c)
neither a category 1 territory nor a category 2 territory.

(6)
If the judge decides that the territory is a category 1 territory, section (Re-

extradition to category 1 territories) applies.

(7)
If the judge decides that the territory is a category 2 territory, section (Re-

extradition to category 2 territories) applies.

(8)
If the judge decides that the territory is neither a category 1 territory nor a

category 2 territory, he must order the person’s discharge.

(9)
A person’s discharge as a result of this section or section (Re-extradition to

category 1 territories) or (Re-extradition to category 2 territories) does not affect

any conditions on which he is released from detention pursuant to the UK

sentence.

(10)
Section 139 applies for determining the appropriate judge for the purposes

of this section.”
202
Insert the following new Clause—

“Re-extradition to category 1 territories

(1)
If this section applies, this Act applies as it would if—

(a)
a Part 1 warrant had been issued in respect of the person;

(b)
the warrant contained a statement that—

(i)
the person was alleged to be unlawfully at large after

conviction of the relevant offence, and

(ii)
the warrant was issued with a view to the person’s arrest

and extradition to the territory for the purpose of serving a

sentence imposed in respect of the relevant offence;

(c)
the warrant were issued by the authority of the territory which

issued the certificate referred to in section (Re-extradition:

preliminary)(5);

(d)
the relevant offence were specified in the warrant;

(e)
the judge were the appropriate judge for the purposes of Part 1;

(f)
the hearing at which the judge is to make the decision referred to in

section (Re-extradition hearing)(1) were the extradition hearing;

(  25  )

(g)
the proceedings before the judge were under Part 1.

(2)
As applied by subsection (1) this Act has effect with the modifications set

out in Part 1 of Schedule (Re-extradition: modifications).

(3)
The relevant offence is the offence in respect of which the overseas sentence

is imposed.”
203
Insert the following new Clause—

“Re-extradition to category 2 territories

(1)
If this section applies, this Act applies as it would if—

(a)
a valid request for the person’s extradition to the territory had been

made;

(b)
the request contained a statement that the person was alleged to be

unlawfully at large after conviction of the relevant offence;

(c)
the relevant offence were specified in the request;

(d)
the hearing at which the appropriate judge is to make the decision

referred to in section (Re-extradition hearing)(1) were the extradition

hearing;

(e)
the proceedings before the judge were under Part 2.

(2)
As applied by subsection (1) this Act has effect with the modifications set

out in Part 2 of Schedule (Re-extradition: modifications).

(3)
The relevant offence is the offence in respect of which the overseas sentence

is imposed.”
Before Clause 189
204
Insert the following new Clause—

“Crown Prosecution Service: role in extradition proceedings

(1)
The Prosecution of Offences Act 1985 (c. 23) is amended as follows.

(2)
In section 3 (functions of the Director) in subsection (2) after paragraph (e)

insert—

“(ea)
to have the conduct of any extradition proceedings;

(eb)
to give, to such extent as he considers appropriate, and to

such persons as he considers appropriate, advice on any