(8-14)

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

(  8  )

(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 1 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

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

was permitted to be dealt with in the territory.”
Clause 62
68
Page 31, line 36, leave out subsections (1) and (2) and insert—

“(1)
This section applies if a document to be sent in connection with

proceedings under this Act is sent by facsimile transmission.

(2)
This Act has effect as if the document received by facsimile transmission

were the document used to make the transmission.”
69
Transpose Clause 62 to after Clause 196
After Clause 62
70
Insert the following new Clause—

“Persons serving sentences outside territory where convicted

(1)
This section applies if an arrest warrant is issued in respect of a person by

an authority of a category 1 territory and the warrant contains the

statement referred to in subsection (2).

(2)
The statement is one that—

(a)
the person is alleged to be unlawfully at large from a prison in one

territory (the imprisoning territory) in which he was serving a

sentence after conviction of an offence specified in the warrant by a

court in another territory (the convicting territory), and

(b)
the person was serving the sentence in pursuance of international

arrangements for prisoners sentenced in one territory to be

repatriated to another territory in order to serve their sentence, and

(c)
the warrant is issued with a view to his arrest and extradition to the

category 1 territory for the purpose of serving a sentence or another

form of detention imposed in respect of the offence.

(3)
If the category 1 territory is either the imprisoning territory or the

convicting territory, section 2(2)(b) has effect as if the reference to the

statement referred to in subsection (5) of that section were a reference to the

statement referred to in subsection (2) of this section.

(4)
If the category 1 territory is the imprisoning territory—

(a)
section 2(6)(e) has effect as if “the category 1 territory” read “the

convicting territory”;

(b)
section 10(2) has effect as if “an extradition offence” read “an

extradition offence in relation to the convicting territory”;

(c)
section 20(5) has effect as if after “entitled” there were inserted “in

the convicting territory”;

(  9  )

(d)
section 37(5) has effect as if “a category 1 territory” read “the

convicting territory” and as if “the category 1 territory” in both

places read “the convicting territory”;

(e)
section 51(4) has effect as if “a category 1 territory” read “the

convicting territory” and as if “the category 1 territory” in both

places read “the convicting territory”;

(f)
section 64(1) has effect as if “a category 1 territory” read “the

convicting territory”;

(g)
section 64(2) has effect as if “the category 1 territory” in the opening

words and paragraphs (a) and (c) read “the convicting territory”

and as if “the category 1 territory” in paragraph (b) read “the

imprisoning territory”;

(h)
in section 64, subsections (3), (4), (5), (6) and (8) have effect as if “the

category 1 territory” in each place read “the convicting territory”.”
Clause 63
71
Page 32, line 11, after “territory” insert “and no part of it occurs in the United

Kingdom”
72
Page 32, line 17, leave out “12 months” and insert “3 years”
Clause 64
73
Page 33, line 40, after “territory” insert “and no part of it occurs in the United

Kingdom”
74
Page 33, line 45, leave out “4” and insert “12”
75
Page 34, line 35, 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 1 territory in respect of the conduct;”
Clause 65
76
Page 35, line 16, leave out second “an” and insert “a judicial”
77
Page 35, line 19, leave out subsection (3)
Clause 67
78
Page 36, line 1, leave out subsection (2)
Clause 68
79
Page 36, line 9, leave out “Order in Council” and insert “order made by the

Secretary of State”
Clause 69
80
Page 37, line 6, leave out subsection (10)
Clause 70
81
Page 37, line 16, leave out “it appears to the judge” and insert “the judge has

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reasonable grounds for believing”
82
Page 37, line 30, leave out “Order in Council” and insert “order made by the

Secretary of State”
83
Page 37, line 33, after “constable” insert “or customs officer”
Clause 71
84
Page 38, line 7, leave out from beginning to “as” in line 9 and insert “A copy of the

warrant must be given to the person”
85
Page 38, line 9, leave out “request” and insert “arrest”
86
Page 38, line 15, at end insert—

“(4A)
If subsection (2) is not complied with and the person applies to the judge to

be discharged, the judge may order his discharge.”
87
Page 38, line 16, leave out “(2) or”
88
Page 38, line 16, leave out from “with” to end of line 17 and insert “and the person

applies to the judge to be discharged, the judge must order his discharge”
Clause 72
89
Page 39, line 2, leave out “it appears to him” and insert “he has reasonable grounds

for believing”
90
Page 39, line 17, leave out “Order in Council” and insert “order made by the

Secretary of State”
91
Page 39, line 20, after “constable” insert “or customs officer”
Clause 73
92
Page 40, line 1, leave out from beginning to “as” in line 3 and insert “A copy of the

warrant must be given to the person”
93
Page 40, line 3, leave out “request” and insert “arrest”
94
Page 40, line 10, at end insert—

“(4A)
If subsection (2) is not complied with and the person applies to the judge to

be discharged, the judge may order his discharge.”
95
Page 40, line 11, leave out “(2) or”
96
Page 40, line 11, leave out from “with” to end of line 12 and insert “and the person

applies to the judge to be discharged, the judge must order his discharge”
97
Page 40, line 31, leave out “40” and insert “45”
98
Page 40, line 32, leave out “Order in Council” and insert “order made by the

Secretary of State”
99
Page 40, line 33, leave out “Order in Council” and insert “order”
Clause 74
100
Page 41, line 6, leave out “there are exceptional circumstances” and insert “it to be

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in the interests of justice to do so”
101
Page 41, line 9, 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”
Clause 75
102
Page 41, line 21, leave out “there are exceptional circumstances” and insert “it to be

in the interests of justice to do so”
103
Page 41, line 24, 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”
Clause 77
104
Page 42, line 5, leave out “under section 69” and insert “by the Secretary of State”
105
Page 42, line 21, leave out “under section 69” and insert “by the Secretary of State”
Clause 80
106
Page 43, line 16, after “nationality” insert “, gender, sexual orientation”
107
Page 43, line 19, after “nationality” insert “, gender, sexual orientation”
Clause 83
108
Page 44, line 11, at end insert—

“(2A)
In deciding whether to treat a statement made by a person in a document

as admissible evidence of a fact, the judge must in particular have regard—

(a)
to the nature and source of the document;

(b)
to whether or not, having regard to the nature and source of the

document and to any other circumstances that appear to the judge

to be relevant, it is likely that the document is authentic;

(c)
to the extent to which the statement appears to supply evidence

which would not be readily available if the statement were not

treated as being admissible evidence of the fact;

(d)
to the relevance of the evidence that the statement appears to

supply to any issue likely to have to be determined by the judge in

deciding the question in subsection (1);

(e)
to any risk that the admission or exclusion of the statement will

result in unfairness to the person whose extradition is sought,

having regard in particular to whether it is likely to be possible to

controvert the statement if the person making it does not attend to

give oral evidence in the proceedings.”
109
Page 44, line 21, leave out “Order in Council” and insert “order made by the

Secretary of State”
Clause 84
110
Page 44, line 32, leave out from beginning to end of line 7 on page 45 and insert

“whether the person was convicted in his presence.

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

proceed under section 86.

(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 86.

(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 85.

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

person’s discharge.”
111
Page 45, line 7, 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.”
Clause 85
112
Page 45, line 18, at end insert—

“(2A)
In deciding whether to treat a statement made by a person in a document

as admissible evidence of a fact, the judge must in particular have regard—

(a)
to the nature and source of the document;

(b)
to whether or not, having regard to the nature and source of the

document and to any other circumstances that appear to the judge

to be relevant, it is likely that the document is authentic;

(c)
to the extent to which the statement appears to supply evidence

which would not be readily available if the statement were not

treated as being admissible evidence of the fact;

(d)
to the relevance of the evidence that the statement appears to

supply to any issue likely to have to be determined by the judge in

deciding the question in subsection (1);

(e)
to any risk that the admission or exclusion of the statement will

result in unfairness to the person whose extradition is sought,

having regard in particular to whether it is likely to be possible to

controvert the statement if the person making it does not attend to

give oral evidence in the proceedings.”
113
Page 45, line 28, leave out “Order in Council” and insert “order made by the

Secretary of State”
Clause 92
114
Page 48, line 4, at end insert—

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“(5)
In deciding the questions in subsection (2), the Secretary of State is not

required to consider any representations received by him after the end of

the permitted period.

(6)
The permitted period is the period of 6 weeks starting with the appropriate

day.”
Clause 93
115
Page 48, line 13, leave out subsection (3)
Clause 94
116
Page 48, line 32, at end insert—

“(d)
an offence in respect of which the person waives the right that he

would have (but for this paragraph) not to be dealt with for the

offence.”
Clause 98
117
Page 49, line 38, leave out subsection (2) and insert—

“(2)
If the person applies to the High Court to be discharged, the court must

order his discharge.”
118
Page 49, line 41, leave out subsections (4) to (9)
After Clause 100
119
Insert the following new Clause—

“The appropriate day

(1)
This section applies for the purposes of sections 92 and 98 if the appropriate

judge sends a case to the Secretary of State under this Part for his decision

whether a person is to be extradited.

(2)
If the person is charged with an offence in the United Kingdom, the

appropriate day is the day on which one of these occurs—

(a)
the charge is disposed of;

(b)
the charge is withdrawn;

(c)
proceedings in respect of the charge are discontinued;

(d)
an order is made for the charge to lie on the file, or in relation to

Scotland, the diet is deserted pro loco et tempore.

(3)
If under section 96(3) or 97(2) the Secretary of State defers making a

decision until the person has served a sentence, the appropriate day is the

day on which the person finishes serving the sentence.

(4)
If section 124 applies in relation to the request for the person’s extradition

(the request concerned) the appropriate day is—

(a)
the day on which the Secretary of State makes an order under that

section, if the order is for proceedings on the other request to be

deferred;

(b)
the day on which an order under section 182 is made, if the order

under section 124 is for proceedings on the request concerned to be

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deferred and the order under section 182 is for the proceedings to

be resumed.

(5)
If section 181 applies in relation to the request for the person’s extradition,

the appropriate day is—

(a)
the day on which the Secretary of State makes an order under that

section, if the order is for proceedings on the warrant to be deferred;

(b)
the day on which an order under section 182 is made, if the order

under section 181 is for proceedings on the request to be deferred

and the order under section 182 is for the proceedings to be

resumed.

(6)
If more than one of subsections (2) to (5) applies, the appropriate day is the

latest of the days found under the subsections which apply.

(7)
In any other case, the appropriate day is the day on which the judge sends

the case to the Secretary of State for his decision whether the person is to be

extradited.”
Clause 101
120
Page 52, line 2, at end insert—

“(7A)
If notice of an appeal under section 108 against the decision which resulted

in the order for the person’s discharge is given in accordance with

subsection (5) of that section—

(a)
subsections (6) and (7) do not apply;

(b)
no appeal may be brought under this section if the High Court has

made its decision on the appeal.”
121
Page 52, leave out line 6 and insert “or (4) of the order he has made in respect of the

person”
Clause 111
122
Page 56, line 25, after “period” insert “(the relevant period)”
123
Page 56, line 27, after fourth “the” insert “relevant”
124
Page 56, line 27, at end insert—

“(2A)
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.

(2B)
The power in subsection (2A) may be exercised even after the end of the

relevant period.”
Clause 117
125
Page 60, leave out lines 34 and 35 and insert—

“(5)
Subsections (6) and (7) apply if the Secretary of State makes an order for

extradition subject to a condition under subsection (2).

(6)
If the Secretary of State does not receive the undertaking before the end of

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