House of Commons portcullis
House of Commons
Session 2002 - 03
Publications on the internet
Standing Committee Debates
Extradition Bill

Extradition Bill

Column Number: 201

Standing Committee D

Tuesday 21 January 2003

(Morning)

[Miss Anne Begg in the Chair]

Extradition Bill

9.25 pm

The Chairman: Good morning everyone. As usual I have no problem with hon. Members taking their jackets off, but that is about the limit.

Clause 193

National security

Question proposed, That the clause stand part of the Bill.

The Chairman: With this it will be convenient to discuss the following:

New clause 6—Unconscionable delay—

    '(1) This section applies if the Secretary of State believes that the conditions in subsections (2) and (3) are satisfied in relation to a person.

    (2) The first condition is that the person's extradition is sought or will be sought under Part 1 or Part 2 in respect of an offence.

    (3) The second condition is that there has been unconscionable delay between the time when the offence for which extradition is sought was committed and the extradition request.

    (4) The Secretary of State may certify that the conditions in subsections (2) and (3) are satisfied in relation to the person.

    (5) If the Secretary of State issues a certificate under subsection (4) he may—

    (a) direct that a Part 1 warrant issued in respect of the person and in respect of the offence is not to be proceeded with, or

    (b) direct that a request for the person's extradition in respect of the offence is not to be proceeded with.

    (6) If the Secretary of State issues a certificate under subsection (4) he may order the person's discharge (instead of or in addition to giving a direction under subsection (5)).

    (7) These rules apply if the Secretary of State gives a direction under subsection (5)(a) in respect of a warrant—

    (a) if the designated authority has not issued a certificate under section 2 in respect of the warrant it must not do so;

    (b) if the person is arrested under the warrant or under section 5 there is no requirement for him to be brought before the appropriate judge and he must be discharged;

    (c) if the person is brought before the appropriate judge under section 4 or 6 the judge is no longer required to proceed or continue proceeding under sections 7 and 8;

    (d) if the extradition hearing has begun the judge is no longer required to proceed or continue proceeding under sections 10 to 25;

    (e) if the person has consented to his extradition, the judge is no longer required to order his extradition;

    (f) if an appeal to the High Court or House of Lords has been brought, the court is no longer required to hear or continue hearing the appeal;

    (g) if the person's extradition has been ordered there is no requirement for him to be extradited.

    (8) These rules apply if the Secretary of State gives a direction under subsection (5)(b) in respect of a request—

    (a) if he has not issued a certificate under section 69 in respect of the request he is no longer required to do so;

Column Number: 202

    (b) if the person is arrested under a warrant issued under section 70 or under a provisional warrant there is no requirement for him to appear or be brought before the appropriate judge and he must be discharged;

    (c) if the person appears or is brought before the appropriate judge the judge is no longer required to proceed or continue proceeding under sections 71, 73, 74 and 75;

    (d) if the extradition hearing has begun the judge is no longer required to proceed or continue proceeding under sections 77 to 88;

    (e) if the person has given his consent to his extradition to the appropriate judge, the judge is no longer required to send the case to the Secretary of State for his decision whether the person is to be extradited;

    (f) if an appeal to the High Court or House of Lords has been brought, the court is no longer required to hear or continue hearing the appeal;

    (g) if the person's extradition has been ordered there is no requirement for him to be extradited.

    (9) These must be made under the hand of the Secretary of State—

    (a) a certificate under subsection (4)

    (b) a direction under subsection (5);

    (c) an order under subsection (6).

    (10) The preceding provisions of this section apply to Scotland with these modifications—

    (a) in subsection (8)(a) for ''he has'' substitute ''the Scottish Ministers have'' and for ''he is'' substitute ''they are'';

    (b) in subsection (8)(e) for ''Secretary of State for his'' substitute ''Scottish Ministers for their''.

    (11) In subsection (2) the reference to an enactment includes an enactment comprised in or in an instrument made under, an Act of the Scottish Parliament'.

New clause 7—Political reasons—

    '(1) This section applies if the Secretary of State believes that the conditions in subsections (2) and (3) are satisfied in relation to a person.

    (2) The first condition is that the person's extradition is sought or will be sought under Part 1 or Part 2 in respect of an offence.

    (3) The second condition is that the extradition request has been made for political reasons.

    (4) The Secretary of State may certify that the conditions in subsections (2) and (3) are satisfied in relation to the person.

    (5) If the Secretary of State issues a certificate under subsection (4) he may—

    (a) direct that a Part 1 warrant issued in respect of the person and in respect of the offence is not to be proceeded with, or

    (b) direct that a request for the person's extradition in respect of the offence is not to be proceeded with.

    (6) If the Secretary of State issues a certificate under subsection (4) he may order the person's discharge (instead of or in addition to giving a direction under subsection (5)).

    (7) These rules apply if the Secretary of State gives a direction under subsection (5)(a) in respect of a warrant—

    (a) if the designated authority has not issued a certificate under section 2 in respect of the warrant it must not do so;

    (b) if the person is arrested under the warrant or under section 5 there is no requirement for him to be brought before the appropriate judge and he must be discharged;

    (c) if the person is brought before the appropriate judge under section 4 or 6 the judge is no longer required to proceed or continue proceeding under sections 7 and 8;

    (d) if the extradition hearing has begun the judge is no longer required to proceed or continue proceeding under sections 10 to 25;

    (e) if the person has consented to his extradition, the judge is no longer required to order his extradition;

Column Number: 203

    (f) if an appeal to the High Court or House of Lords has been brought, the court is no longer required to hear or continue hearing the appeal;

    (g) if the person's extradition has been ordered there is no requirement for him to be extradited.

    (8) These rules apply if the Secretary of State gives a direction under subsection (5)(b) in respect of a request—

    (a) if he has not issued a certificate under section 69 in respect of the request he is no longer required to do so;

    (b) if the person is arrested under a warrant issued under section 70 or under a provisional warrant there is no requirement for him to appear or be brought before the appropriate judge and he must be discharged;

    (c) if the person appears or is brought before the appropriate judge the judge is no longer required to proceed or continue proceeding under sections 71, 73, 74 and 75;

    (d) if the extradition hearing has begun the judge is no longer required to proceed or continue proceeding under sections 77 to 88;

    (e) if the person has given his consent to his extradition to the appropriate judge, the judge is no longer required to send the case to the Secretary of State for his decision whether the person is to be extradited;

    (f) if an appeal to the High Court or House of Lords has been brought, the court is no longer required to hear or continue hearing the appeal;

    (g) if the person's extradition has been ordered there is no requirement for him to be extradited.

    (9) These must be made under the hand of the Secretary of State—

    (a) a certificate under subsection (4)

    (b) a direction under subsection (5);

    (c) an order under subsection (6).

    (10) The preceding provisions of this section apply to Scotland with these modifications—

    (a) in subsection (8)(a) for ''he has'' substitute ''the Scottish Ministers have'' and for ''he is'' substitute ''they are'';

    (b) in subsection (8)(e) for ''Secretary of State for his'' substitute ''Scottish Ministers for their''.

    (11) In subsection (2) the reference to an enactment includes an enactment comprised in or in an instrument made under, an Act of the Scottish Parliament'.

New clause 8—Trivial offences—

    '(1) This section applies if the Secretary of State believes that the conditions in subsections (2) and (3) are satisfied in relation to a person.

    (2) The first condition is that the person's extradition is sought or will be sought under Part 1 or Part 2 in respect of an offence.

    (3) The second condition is that the offence for which extradition is sought is trivial.

    (4) The Secretary of State may certify that the conditions in subsections (2) and (3) are satisfied in relation to the person.

    (5) If the Secretary of State issues a certificate under subsection (4) he may—

    (a) direct that a Part 1 warrant issued in respect of the person and in respect of the offence is not to be proceeded with, or

    (b) direct that a request for the person's extradition in respect of the offence is not to be proceeded with.

    (6) If the Secretary of State issues a certificate under subsection (4) he may order the person's discharge (instead of or in addition to giving a direction under subsection (5)).

    (7) These rules apply if the Secretary of State gives a direction under subsection (5)(a) in respect of a warrant—

    (a) if the designated authority has not issued a certificate under section 2 in respect of the warrant it must not do so;

Column Number: 204

    (b) if the person is arrested under the warrant or under section 5 there is no requirement for him to be brought before the appropriate judge and he must be discharged;

    (c) if the person is brought before the appropriate judge under section 4 or 6 the judge is no longer required to proceed or continue proceeding under sections 7 and 8;

    (d) if the extradition hearing has begun the judge is no longer required to proceed or continue proceeding under sections 10 to 25;

    (e) if the person has consented to his extradition, the judge is no longer required to order his extradition;

    (f) if an appeal to the High Court or House of Lords has been brought, the court is no longer required to hear or continue hearing the appeal;

    (g) if the person's extradition has been ordered there is no requirement for him to be extradited.

    (8) These rules apply if the Secretary of State gives a direction under subsection (5)(b) in respect of a request—

    (a) if he has not issued a certificate under section 69 in respect of the request he is no longer required to do so;

    (b) if the person is arrested under a warrant issued under section 70 or under a provisional warrant there is no requirement for him to appear or be brought before the appropriate judge and he must be discharged;

    (c) if the person appears or is brought before the appropriate judge the judge is no longer required to proceed or continue proceeding under sections 71, 73, 74 and 75;

    (d) if the extradition hearing has begun the judge is no longer required to proceed or continue proceeding under sections 77 to 88;

    (e) if the person has given his consent to his extradition to the appropriate judge, the judge is no longer required to send the case to the Secretary of State for his decision whether the person is to be extradited;

    (f) if an appeal to the High Court or House of Lords has been brought, the court is no longer required to hear or continue hearing the appeal;

    (g) if the person's extradition has been ordered there is no requirement for him to be extradited.

    (9) These must be made under the hand of the Secretary of State—

    (a) a certificate under subsection (4)

    (b) a direction under subsection (5);

    (c) an order under subsection (6).

    (10) The preceding provisions of this section apply to Scotland with these modifications—

    (a) in subsection (8)(a) for ''he has'' substitute ''the Scottish Ministers have'' and for ''he is'' substitute ''they are'';

    (b) in subsection (8)(e) for ''Secretary of State for his'' substitute ''Scottish Ministers for their''.

    (11) In subsection (2) the reference to an enactment includes an enactment comprised in or in an instrument made under, an Act of the Scottish Parliament'.

 
Continue

House of Commons home page Parliament home page House of Lords home page search page enquiries ordering index


©Parliamentary copyright 2003
Prepared 21 January 2003