House of Commons portcullis
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


 

(  10  )

 
 

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


 

(  11  )

 
 

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.


 

(  12  )

 
 

(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—


 

(  13  )

 
 

“(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


 

(  14  )

 
 

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


 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2003
Revised 13 November 2003