House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

195

House of Commons

Notices of Amendments

given on

Wednesday 7th November 2007

For other Amendment(s) see the following page(s) of Supplement to Votes:

163-94

Public Bill Committee

Criminal Justice and Immigration Bill

Mr David Hanson

78

Clause  26,  page  19,  line  38,  at end insert—

‘( )
In that section, after subsection (1B) (inserted by subsection (2) above) insert—

“(1C)
In determining whether a conviction is unsafe for the purposes of

subsection (1)(a) the Court of Appeal may, if they think it appropriate in

all the circumstances of the case, disregard any development in the law
5
since the date of the conviction.”’.

As an Amendment to Mr David Hanson’s proposed Amendment (No. 78):—

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

(a)

Line  4,  after ‘case’, insert ‘and are satisfied that it would not give rise to

substantial injustice’.

Restriction on extradition in cases where trial in United Kingdom more appropriate

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

NC26

To move the following Clause:—

‘(1)
The Extradition Act 2003 (c. 41) is amended as follows.

(2)
In section 11 (bars to extradition)—

Notices of Amendments: 7th November 2007
196

Criminal Justice and Immigration Bill, continued

(a)
at the end of subsection (1) there is inserted—

“(j)
forum.”;

(b)
in subsection (2), for the words from “12” to “apply” there is substituted

“12 to 19B apply”.

(3)
After section 19A there is inserted—

“19B
Forum

(1)
A person’s extradition to a category 1 territory (“the requesting

territory”) is barred by reason of forum if (and only if) it appears that—

(a)
a significant part of the conduct alleged to constitute the

extradition offence is conduct in the United Kingdom, and

(b)
in view of that an all the other circumstances, it would not be in

the interests of justice for the person to be tried for the offence in

the requesting territory.

(2)
For the purposes of subsection (1)(b) the judge must take into account

whether the relevant prosecution authorities in the United Kingdom have

decided not to take proceedings against the person in respect of the

conduct in question.

(3)
This section does not apply if the person is alleged to be unlawfully at

large after conviction of the extradition offence.”

(4)
In section 79 (bars to extradition)—

(a)
at the end of subsection (1) there is inserted—

“(e)
forum.”;

(f)
in subsection (2), for “Sections 80 to 83” there is substituted

“Sections 80 to 83A”.

(5)
After section 83 there is inserted—

“83A
Forum

(1)
A person’s extradition to a category 2 territory (“the requesting

territory”) is barred by reason of forum if (and only if) it appears that—

(a)
a significant part of the conduct alleged to constitute the

extradition offence is conduct in the United Kingdom, and

(b)
in view of that and all the other circumstances, it would not be in

the interests of justice for the person to be tried for the offence in

the requesting territory.

(2)
For the purposes of subsection (1)(b) the judge must take into account

whether the relevant prosecution authorities in the United Kingdom have

decided not to take proceedings against the person in respect of the

conduct in question.

(3)
This section does not apply if the person is alleged to be unlawfully at

large after conviction of the extradition offence.”’.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

199

Clause  128,  page  85,  line  11,  at end insert—

‘(aa)
section [Restriction on extradition in cases where trial in United

Kingdom more appropriate];’.

Notices of Amendments: 7th November 2007
197

Criminal Justice and Immigration Bill, continued

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

200

Title,  line  8,  after ‘criminality;’, insert ‘to amend the Extradition Act 2003;’.