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| (b) | the person has not been convicted of the offence or of any other |
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| offence in respect of which he was permitted to be dealt with in the |
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| |
| (6) | In a case falling within subsection (5), time during which the person was |
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| not in the United Kingdom as a result of his extradition counts as time |
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| served by him as part of his sentence if and only if it was spent in custody |
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| in connection with the offence or any other offence in respect of which he |
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| was permitted to be dealt with in the territory.” |
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68 | Page 31, line 36, leave out subsections (1) and (2) and insert— |
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| “(1) | This section applies if a document to be sent in connection with |
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| proceedings under this Act is sent by facsimile transmission. |
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| (2) | This Act has effect as if the document received by facsimile transmission |
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| were the document used to make the transmission.” |
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69 | Transpose Clause 62 to after Clause 196 |
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70 | Insert the following new Clause— |
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| “Persons serving sentences outside territory where convicted |
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| (1) | This section applies if an arrest warrant is issued in respect of a person by |
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| an authority of a category 1 territory and the warrant contains the |
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| statement referred to in subsection (2). |
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| (2) | The statement is one that— |
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| (a) | the person is alleged to be unlawfully at large from a prison in one |
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| territory (the imprisoning territory) in which he was serving a |
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| sentence after conviction of an offence specified in the warrant by a |
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| court in another territory (the convicting territory), and |
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| (b) | the person was serving the sentence in pursuance of international |
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| arrangements for prisoners sentenced in one territory to be |
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| repatriated to another territory in order to serve their sentence, and |
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| (c) | the warrant is issued with a view to his arrest and extradition to the |
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| category 1 territory for the purpose of serving a sentence or another |
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| form of detention imposed in respect of the offence. |
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| (3) | If the category 1 territory is either the imprisoning territory or the |
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| convicting territory, section 2(2)(b) has effect as if the reference to the |
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| statement referred to in subsection (5) of that section were a reference to the |
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| statement referred to in subsection (2) of this section. |
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| (4) | If the category 1 territory is the imprisoning territory— |
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| (a) | section 2(6)(e) has effect as if “the category 1 territory” read “the |
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| |
| (b) | section 10(2) has effect as if “an extradition offence” read “an |
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| extradition offence in relation to the convicting territory”; |
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| (c) | section 20(5) has effect as if after “entitled” there were inserted “in |
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| the convicting territory”; |
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| (d) | section 37(5) has effect as if “a category 1 territory” read “the |
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| convicting territory” and as if “the category 1 territory” in both |
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| places read “the convicting territory”; |
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| (e) | section 51(4) has effect as if “a category 1 territory” read “the |
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| convicting territory” and as if “the category 1 territory” in both |
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| places read “the convicting territory”; |
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| (f) | section 64(1) has effect as if “a category 1 territory” read “the |
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| |
| (g) | section 64(2) has effect as if “the category 1 territory” in the opening |
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| words and paragraphs (a) and (c) read “the convicting territory” |
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| and as if “the category 1 territory” in paragraph (b) read “the |
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| |
| (h) | in section 64, subsections (3), (4), (5), (6) and (8) have effect as if “the |
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| category 1 territory” in each place read “the convicting territory”.” |
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71 | Page 32, line 11, after “territory” insert “and no part of it occurs in the United |
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| |
72 | Page 32, line 17, leave out “12 months” and insert “3 years” |
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73 | Page 33, line 40, after “territory” insert “and no part of it occurs in the United |
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| |
74 | Page 33, line 45, leave out “4” and insert “12” |
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75 | Page 34, line 35, leave out paragraph (b) and insert— |
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| “(b) | a sentence of imprisonment or another form of detention for a term |
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| of 4 months or a greater punishment has been imposed in the |
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| category 1 territory in respect of the conduct;” |
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76 | Page 35, line 16, leave out second “an” and insert “a judicial” |
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77 | Page 35, line 19, leave out subsection (3) |
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78 | Page 36, line 1, leave out subsection (2) |
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79 | Page 36, line 9, leave out “Order in Council” and insert “order made by the |
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| |
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80 | Page 37, line 6, leave out subsection (10) |
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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” |
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82 | Page 37, line 30, leave out “Order in Council” and insert “order made by the |
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| |
83 | Page 37, line 33, after “constable” insert “or customs officer” |
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84 | Page 38, line 7, leave out from beginning to “as” in line 9 and insert “A copy of the |
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| warrant must be given to the person” |
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85 | Page 38, line 9, leave out “request” and insert “arrest” |
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86 | Page 38, line 15, at end insert— |
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| “(4A) | If subsection (2) is not complied with and the person applies to the judge to |
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| be discharged, the judge may order his discharge.” |
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87 | Page 38, line 16, leave out “(2) or” |
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88 | Page 38, line 16, leave out from “with” to end of line 17 and insert “and the person |
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| applies to the judge to be discharged, the judge must order his discharge” |
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89 | Page 39, line 2, leave out “it appears to him” and insert “he has reasonable grounds |
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| |
90 | Page 39, line 17, leave out “Order in Council” and insert “order made by the |
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| |
91 | Page 39, line 20, after “constable” insert “or customs officer” |
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|
92 | Page 40, line 1, leave out from beginning to “as” in line 3 and insert “A copy of the |
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| warrant must be given to the person” |
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93 | Page 40, line 3, leave out “request” and insert “arrest” |
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94 | Page 40, line 10, at end insert— |
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| “(4A) | If subsection (2) is not complied with and the person applies to the judge to |
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| be discharged, the judge may order his discharge.” |
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95 | Page 40, line 11, leave out “(2) or” |
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96 | Page 40, line 11, leave out from “with” to end of line 12 and insert “and the person |
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| applies to the judge to be discharged, the judge must order his discharge” |
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97 | Page 40, line 31, leave out “40” and insert “45” |
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98 | Page 40, line 32, leave out “Order in Council” and insert “order made by the |
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| |
99 | Page 40, line 33, leave out “Order in Council” and insert “order” |
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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” |
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101 | Page 41, line 9, leave out “the person must be taken to be discharged” and insert |
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| “and the person applies to the judge to be discharged, the judge must order his |
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| |
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102 | Page 41, line 21, leave out “there are exceptional circumstances” and insert “it to be |
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| in the interests of justice to do so” |
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103 | Page 41, line 24, leave out “the person must be taken to be discharged” and insert |
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| “and the person applies to the judge to be discharged, the judge must order his |
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| |
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104 | Page 42, line 5, leave out “under section 69” and insert “by the Secretary of State” |
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105 | Page 42, line 21, leave out “under section 69” and insert “by the Secretary of State” |
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|
106 | Page 43, line 16, after “nationality” insert “, gender, sexual orientation” |
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107 | Page 43, line 19, after “nationality” insert “, gender, sexual orientation” |
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|
108 | Page 44, line 11, at end insert— |
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| “(2A) | In deciding whether to treat a statement made by a person in a document |
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| as admissible evidence of a fact, the judge must in particular have regard— |
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| (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 |
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| which would not be readily available if the statement were not |
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| treated as being admissible evidence of the fact; |
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| (d) | to the relevance of the evidence that the statement appears to |
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| supply to any issue likely to have to be determined by the judge in |
|
| deciding the question in subsection (1); |
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| (e) | to any risk that the admission or exclusion of the statement will |
|
| result in unfairness to the person whose extradition is sought, |
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| 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 |
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| give oral evidence in the proceedings.” |
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109 | Page 44, line 21, leave out “Order in Council” and insert “order made by the |
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| |
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110 | Page 44, line 32, leave out from beginning to end of line 7 on page 45 and insert |
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| “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 |
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| proceed under section 86. |
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| (3) | If the judge decides that question in the negative he must decide whether |
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| the person deliberately absented himself from his trial. |
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| (4) | If the judge decides the question in subsection (3) in the affirmative he must |
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| proceed under section 86. |
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| (5) | If the judge decides that question in the negative he must decide whether |
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| the person would be entitled to a retrial or (on appeal) to a review |
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| |
| (6) | If the judge decides the question in subsection (5) in the affirmative he must |
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| proceed under section 85. |
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| (7) | If the judge decides that question in the negative he must order the |
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| |
111 | Page 45, line 7, at end insert— |
|
| “(8) | For the purposes of subsection (5), the judge should not regard as a retrial |
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| or (on appeal) a review amounting to a retrial, any proceedings that do not |
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| in particular include provision for— |
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| (a) | the suspect to be present at the retrial; |
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| (b) | the suspect to have like rights to hear and examine witnesses as he |
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| would have done at the original trial; |
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| (c) | the suspect to have the same right to publicly funded legal services |
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| as any suspect or defendant.” |
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|
112 | Page 45, line 18, at end insert— |
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| “(2A) | In deciding whether to treat a statement made by a person in a document |
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| as admissible evidence of a fact, the judge must in particular have regard— |
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| (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 |
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| 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 |
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| |
|
114 | Page 48, line 4, at end insert— |
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|
|
|
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| “(5) | In deciding the questions in subsection (2), the Secretary of State is not |
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| required to consider any representations received by him after the end of |
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| |
| (6) | The permitted period is the period of 6 weeks starting with the appropriate |
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| |
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115 | Page 48, line 13, leave out subsection (3) |
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|
116 | Page 48, line 32, at end insert— |
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| “(d) | an offence in respect of which the person waives the right that he |
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| would have (but for this paragraph) not to be dealt with for the |
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| |
|
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 |
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| |
118 | Page 49, line 41, leave out subsections (4) to (9) |
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|
119 | Insert the following new Clause— |
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| |
| (1) | This section applies for the purposes of sections 92 and 98 if the appropriate |
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| judge sends a case to the Secretary of State under this Part for his decision |
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| whether a person is to be extradited. |
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| (2) | If the person is charged with an offence in the United Kingdom, the |
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| appropriate day is the day on which one of these occurs— |
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| (a) | the charge is disposed of; |
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| (b) | the charge is withdrawn; |
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| (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. |
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| (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 |
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| day on which the person finishes serving the sentence. |
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| (4) | If section 124 applies in relation to the request for the person’s extradition |
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| (the request concerned) the appropriate day is— |
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| (a) | the day on which the Secretary of State makes an order under that |
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| section, if the order is for proceedings on the other request to be |
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| |
| (b) | the day on which an order under section 182 is made, if the order |
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| under section 124 is for proceedings on the request concerned to be |
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|
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| deferred and the order under section 182 is for the proceedings to |
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| |
| (5) | If section 181 applies in relation to the request for the person’s extradition, |
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| |
| (a) | the day on which the Secretary of State makes an order under that |
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| section, if the order is for proceedings on the warrant to be deferred; |
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| (b) | the day on which an order under section 182 is made, if the order |
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| under section 181 is for proceedings on the request to be deferred |
|
| and the order under section 182 is for the proceedings to be |
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| |
| (6) | If more than one of subsections (2) to (5) applies, the appropriate day is the |
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| latest of the days found under the subsections which apply. |
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| (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 |
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| |
|
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; |
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| (b) | no appeal may be brought under this section if the High Court has |
|
| made its decision on the appeal.” |
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121 | Page 52, leave out line 6 and insert “or (4) of the order he has made in respect of the |
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| |
|
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 |
|
| |
|
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). |
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| (6) | If the Secretary of State does not receive the undertaking before the end of |
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| the period of 21 days starting with the day on which he makes the order |
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|