(26-32)

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

(  26  )

matters relating to extradition proceedings or proposed

extradition proceedings.”

(3)
In section 3 after subsection (2) insert—

“(2A)
Subsection (2)(ea) above does not require the Director to have the

conduct of any extradition proceedings in respect of a person if he

has received a request not to do so and—

(a)
in a case where the proceedings are under Part 1 of the

Extradition Act 2003, the request is made by the authority

which issued the Part 1 warrant in respect of the person;

(b)
in a case where the proceedings are under Part 2 of that Act,

the request is made on behalf of the territory to which the

person’s extradition has been requested.”

(4)
In section 5(1) (conduct of prosecutions on behalf of Crown Prosecution

Service) after “criminal proceedings” insert “or extradition proceedings”.

(5)
In section 14 (control of fees and expenses etc paid by the Service) in

subsection (1)(a) after “criminal proceedings” insert “or extradition

proceedings”.

(6)
In section 15(1) (interpretation of Part 1) in the appropriate place insert—


““extradition proceedings” means proceedings under the Extradition

Act 2003;”.”
205
Insert the following new Clause—

“Lord Advocate: role in extradition proceedings

(1)
The Lord Advocate must—

(a)
conduct any extradition proceedings in Scotland;

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

persons as he considers appropriate, advice on any matters relating

to extradition proceedings or proposed extradition proceedings, in

Scotland.

(2)
Subsection (1)(a) does not require the Lord Advocate to conduct any

extradition proceedings in respect of a person if he has received a request

not to do so and—

(a)
in a case where the proceedings are under Part 1, the request is

made by the authority which issued the Part 1 warrant in respect of

the person;

(b)
in a case where the proceedings are under Part 2, the request is

made on behalf of the territory to which the person’s extradition

has been requested.”
206
Insert the following new Clause—

(  27  )

“Northern Ireland DPP and Crown Solicitor: role in extradition proceedings

(1)
The Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538

(N.I. 1)) is amended as set out in subsections (2) to (4).

(2)
In article 2(2) (interpretation) in the appropriate place insert—


““extradition proceedings” means proceedings under the Extradition

Act 2003;”.

(3)
In article 4(7) (conduct of prosecutions on behalf of DPP) after

“prosecution” insert “or extradition proceedings”.

(4)
In article 5 (functions of DPP) after paragraph (1) insert—

“(1A)
The Director may—

(a)
have the conduct of any extradition proceedings in

Northern Ireland;

(b)
give to such persons as appear to him appropriate such

advice as appears to him appropriate on matters relating to

extradition proceedings, or proposed extradition

proceedings, in Northern Ireland.”

(5)
The Justice (Northern Ireland) Act 2002 (c. 26) is amended as set out in

subsections (6) to (8).

(6)
After section 31 insert—

“31A Conduct of extradition proceedings

(1)
The Director may have the conduct of any extradition proceedings

in Northern Ireland.

(2)
The Director may give to such persons as appear to him appropriate

such advice as appears to him appropriate on matters relating to

extradition proceedings, or proposed extradition proceedings, in

Northern Ireland.”

(7)
In section 36(2) (conduct of criminal proceedings on behalf of DPP) after

“criminal proceedings” insert “or extradition proceedings”.

(8)
In section 44 (interpretation) after subsection (6) insert—

“(7)
For the purposes of this Part “extradition proceedings” means

proceedings under the Extradition Act 2003.”

(9)
The Crown Solicitor for Northern Ireland may—

(a)
have the conduct of any proceedings under this Act in Northern

Ireland;

(b)
give to such persons as appear to him appropriate such advice as

appears to him appropriate on matters relating to proceedings

under this Act, or proposed proceedings under this Act, in

Northern Ireland.”
207
Insert the following new Clause—

“Parties to international Conventions

(1)
A territory may be designated by order made by the Secretary of State if—

(a)
it is not a category 1 territory or a category 2 territory, and

(  28  )

(b)
it is a party to an international Convention to which the United

Kingdom is a party.

(2)
This Act applies in relation to a territory designated by order under

subsection (1) as if the territory were a category 2 territory.

(3)
As applied to a territory by subsection (2), this Act has effect as if—

(a)
sections 70(4), 72(5), 73(10)(b), 83(6), 85(6), 137 and 138 were

omitted;

(b)
the conduct that constituted an extradition offence for the purposes

of Part 2 were the conduct specified in relation to the territory in the

order under subsection (1) designating the territory.

(4)
Conduct may be specified in relation to a territory in an order under

subsection (1) designating the territory only if it is conduct to which the

relevant Convention applies.

(5)
The relevant Convention is the Convention referred to in subsection (1)(b)

which is specified in relation to the territory in the order under subsection

(1) designating it.”
208
Insert the following new Clause—

“Special extradition arrangements

(1)
This section applies if the Secretary of State believes that—

(a)
arrangements have been made between the United Kingdom and

another territory for the extradition of a person to the territory, and

(b)
the territory is not a category 1 territory or a category 2 territory.

(2)
The Secretary of State may certify that the conditions in paragraphs (a) and

(b) of subsection (1) are satisfied in relation to the extradition of the person.

(3)
If the Secretary of State issues a certificate under subsection (2) this Act

applies in respect of the person’s extradition to the territory as if the

territory were a category 2 territory.

(4)
As applied by subsection (3), this Act has effect—

(a)
as if sections 70(4), 72(5), 73(10)(b), 83(6) and 85(6) were omitted;

(b)
with any other modifications specified in the certificate.

(5)
A certificate under subsection (2) in relation to a person is conclusive

evidence that the conditions in paragraphs (a) and (b) of subsection (1) are

satisfied in relation to the person’s extradition.”
Clause 190
209
Leave out Clause 190
Clause 195
210
Page 108, leave out lines 23 and 24
211
Page 108, line 26, at end insert—

““magistrates’ court” and “court” in relation to extradition proceedings means a

District Judge (Magistrates’ Courts) designated for the purposes of Part 1 or Part 2

of the Extradition Act 2003 by the Lord Chancellor;”

(  29  )

After Clause 196
212
Insert the following new Clause—

“Receivable documents

(1)
A Part 1 warrant may be received in evidence in proceedings under this

Act.

(2)
Any other document issued in a category 1 territory may be received in

evidence in proceedings under this Act if it is duly authenticated.

(3)
A document issued in a category 2 territory may be received in evidence in

proceedings under this Act if it is duly authenticated.

(4)
A document issued in a category 1 or category 2 territory is duly

authenticated if (and only if) one of these applies—

(a)
it purports to be signed by a judge, magistrate or other judicial

authority of the territory;

(b)
it purports to be authenticated by the oath or affirmation of a

witness.

(5)
Subsections (2) and (3) do not prevent a document that is not duly

authenticated from being received in evidence in proceedings under this

Act.”
213
Insert the following new Clause—

“Part 1 warrant: transmission by other electronic means

(1)
This section applies if a Part 1 warrant is issued and the information

contained in the warrant —

(a)
is transmitted to the designated authority by electronic means

(other than by facsimile transmission), and

(b)
is received by the designated authority in a form in which it is

intelligible and which is capable of being used for subsequent

reference.

(2)
This Act has effect as if the information received by the designated

authority were the Part 1 warrant.

(3)
A copy of the information received by the designated authority may be

received in evidence as if it were the Part 1 warrant.”
214
Insert the following new Clause—

“Written statements and admissions

(1)
The provisions mentioned in subsection (2) apply in relation to

proceedings under this Act as they apply in relation to proceedings for an

offence.

(2)
The provisions are—

(a)
section 9 of the Criminal Justice Act 1967 (c. 80) (proof by written

statement in criminal proceedings);

(b)
section 10 of the Criminal Justice Act 1967 (c. 80) (proof by formal

admission in criminal proceedings);

(  30  )

(c)
section 1 of the Criminal Justice (Miscellaneous Provisions) Act

(Northern Ireland) 1968 (c. 28) (proof by written statement in

criminal proceedings);

(d)
section 2 of the Criminal Justice (Miscellaneous Provisions) Act

(Northern Ireland) 1968 (proof by formal admission in criminal

proceedings).

(3)
As applied by subsection (1) in relation to proceedings under this Act,

section 10 of the Criminal Justice Act 1967 (c. 80) and section 2 of the

Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968

have effect as if—

(a)
references to the defendant were to the person whose extradition is

sought (or who has been extradited);

(b)
references to the prosecutor were to the category 1 or category 2

territory concerned;

(c)
references to the trial were to the proceedings under this Act for the

purposes of which the admission is made;

(d)
references to subsequent criminal proceedings were to subsequent

proceedings under this Act.”
215
Insert the following new Clause—

“Burden and standard of proof

(1)
This section applies if, in proceedings under this Act, a question arises as to

burden or standard of proof.

(2)
The question must be decided by applying any enactment or rule of law

that would apply if the proceedings were proceedings for an offence.

(3)
Any enactment or rule of law applied under subsection (2) to proceedings

under this Act must be applied as if—

(a)
the person whose extradition is sought (or who has been extradited)

were accused of an offence;

(b)
the category 1 or category 2 territory concerned were the

prosecution.

(4)
Subsections (2) and (3) are subject to any express provision of this Act.

(5)
In this section “enactment” includes an enactment comprised in, or in an

instrument made under, an Act of the Scottish Parliament.”
Clause 198
216
Page 110, line 13, leave out “pursuant to” and insert “for the purpose of assisting

in the exercise of”
After Clause 200
217
Insert the following new Clause—

“Service of notices

Service of a notice on a person under section 53, 55, 57, 127, 128 or 129 may

be effected in any of these ways—

(a)
by delivering the notice to the person;

(  31  )

(b)
by leaving it for him with another person at his last known or usual

place of abode;

(c)
by sending it by post in a letter addressed to him at his last known

or usual place of abode.”
218
Insert the following new Clause—

“Article 95 alerts: transitional provision

(1)
This section applies in a case where an article 95 alert is issued before 1

January 2004 by an authority of a category 1 territory.

(2)
In such a case, this Act applies as if—

(a)
the alert were a Part 1 warrant issued by the authority;

(b)
any information sent with the alert relating to the case were

included in the warrant.

(3)
As applied by subsection (2), this Act has effect with these modifications—

(a)
in sections 2(7) and (8), 28(1), 30(1) and (4)(d), 32(2)(b), 33(6)(b),

35(4)(b), 36(3)(b), 46(3)(b), 48(3)(b), (Crown Prosecution Service: role in

extradition proceedings)(3) and (Lord Advocate: role in extradition

proceedings)(2)(a), for “authority which issued the Part 1 warrant”

substitute “authority at the request of which the alert was issued”;

(b)
omit section 5;

(c)
in sections 33(4)(b), 41(2)(a), 42(2)(a) and (4) and 60(1)(d) and (e), for

“authority which issued the warrant” substitute “authority at the

request of which the alert was issued”;

(d)
in section 65(2), for the words from “believes” to the end substitute

“believes is the authority at the request of which the alert was

issued”.

(4)
An article 95 alert is an alert issued pursuant to article 95 of the Convention

implementing the Schengen agreement of 14th June 1985.”
After Clause 202
219
Insert the following new Clause—

“European framework list

(1)
The European framework list is the list of conduct set out in Schedule

(European framework list).

(2)
The Secretary of State may by order amend Schedule (European framework

list) for the purpose of ensuring that the list of conduct set out in the

Schedule corresponds to the list of conduct set out in article 2.2 of the

European framework decision.

(3)
The European framework decision is the framework decision of the

Council of the European Union made on 13 June 2002 on the European

arrest warrant and the surrender procedures between member states

(2002/584/JHA).”
Clause 203
220
Page 113, line 34, at end insert—

(  32  )

“(2A)
References to the designated authority must be read in accordance with

section 2(9).”
221
Page 113, line 38, at end insert—

“(5A)
“Asylum claim” has the meaning given by section 113(1) of the Nationality,

Immigration and Asylum Act 2002 (c. 41).”
222
Page 113, line 42, leave out subsection (7)
223
Page 114, line 12, leave out “and 202” and insert “to (European framework list)”
After Clause 205
224
Insert the following new Clause—

“Amendments

(1)
Schedule (Amendments) contains miscellaneous and consequential

amendments.

(2)
The Secretary of State may by order make—

(a)
any supplementary, incidental or consequential provision, and

(b)
any transitory, transitional or saving provision,


which he considers necessary or expedient for the purposes of, in

consequence of, or for giving full effect to any provision of this Act.

(3)
An order under subsection (2) may, in particular—

(a)
provide for any provision of this Act which comes into force before

another such provision has come into force to have effect, until that

other provision has come into force, with such modifications as are

specified in the order, and

(b)
amend, repeal or revoke any enactment other than one contained in

an Act passed in a Session after that in which this Act is passed.

(4)
The amendments that may be made under subsection (3)(b) are in addition

to those made by or under any other provision of this Act.”
Clause 209
225
Page 115, line 10, leave out subsection (5)
226
Page 115, line 13, after “order” insert “mentioned in subsection (6A)”
227
Page 115, line 13, leave out “under section 142(10) or 172(4)”
228
Page 115, line 15, at end insert—

“(6A)
The orders are—

(a)
an order under any of these provisions—


section 1(1);


section 68(1);


section 70(4);


section 72(5);


section 73(10)(b);


section 83(6);


section 85(6);