Extradition Bill
AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE
| | THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS |
| Insert the following new Clause— |
| | The purpose of this Act is to make provision about extradition and to give effect to the Council Framework Decision of 13 June 2002, on the European arrest warrant and the surrender procedures between Member States" |
| Page 1, line 11, leave out "under the general criminal law of the territory" |
| | THE BARONESS CARNEGY OF LOUR
THE LORD HODGSON OF ASTLEY ABBOTTS |
| Page 3, line 3, at end insert— |
| "( ) | The reference in subsection (3) to the first day after he is taken into custody shall not include a Saturday, a Sunday or a court holiday prescribed for that court under section 8 of the Criminal Procedure (Scotland) Act 1995 (c. 46); but nothing in this subsection shall prevent a person being brought before the court on a Saturday, a Sunday or such a court holiday where the court is, in pursuance of the said section 8, sitting on such day for the disposal of criminal business." |
| Page 3, line 30, leave out "shown" and insert "given" |
| | THE BARONESS CARNEGY OF LOUR
THE LORD HODGSON OF ASTLEY ABBOTTS |
| Page 3, line 32, leave out "as soon as practicable" and insert— |
| | "not later than the first day after he is taken into custody" |
| | THE LORD HODGSON OF ASTLEY ABBOTTS
THE BARONESS ANELAY OF ST JOHNS |
| Page 4, line 3, leave out "reason to believe" and insert "reasonable grounds for believing" |
| | THE BARONESS CARNEGY OF LOUR
THE LORD HODGSON OF ASTLEY ABBOTTS |
| Page 4, line 29, leave out from first "is" to the end of line 30 and insert— |
| | "not later than the first day after he is taken into custody. |
| "( ) | The reference in subsection (3) to the first day after he is taken into custody shall not include a Saturday, a Sunday or a court holiday prescribed for that court under section 8 of the Criminal Procedure (Scotland) Act 1995 (c. 46); but nothing in this subsection shall prevent a person being brought before the court on a Saturday, a Sunday or such a court holiday where the court is, in pursuance of the said section 8, sitting on such day for the disposal of criminal business." |
| | THE LORD HODGSON OF ASTLEY ABBOTTS
THE BARONESS ANELAY OF ST JOHNS |
| Page 6, line 6, leave out "and this subsection may apply more than once" |
| | THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS |
| Page 8, line 5, leave out from "offence" to end of line 6 |
| Page 9, line 7, leave out paragraphs (d) and (e) |
| | THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS |
| Page 9, line 7, leave out paragraphs (d) and (e) |
| | THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS |
| Page 20, line 25, at end insert "by a recorded delivery letter" |
| | THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS |
| Page 27, line 13, at end insert— |
| "( ) | The judge must satisfy himself that the suspect has been notified of the second request and has an opportunity to make meaningful representations at the consent hearing, either in person or through his legal representatives." |
| Page 27, line 13, at end insert— |
| "( ) | The judge must satisfy himself that the suspect has been notified of the second request and has an opportunity to make representations at the consent hearing, either in person or through his legal representatives." |
| | THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS |
| Page 27, line 31, at end insert— |
| "( ) | The judge must satisfy himself that the suspect has been notified of the second request and has an opportunity to make meaningful representations at the consent hearing, either in person or through his legal representatives." |
| | THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS |
| Page 28, line 17, at end insert— |
| "( ) | The judge must satisfy himself that the suspect has been notified of the second request and has an opportunity to make meaningful representations at the consent hearing either in person or through his legal representatives." |
| Page 28, line 17, at end insert— |
| "( ) | The judge must satisfy himself that the suspect has been notified of the second request and has an opportunity to make representations at the consent hearing, either in person or through his legal representatives" |
| | THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS |
| Page 28, line 36, at end insert— |
| "( ) | The judge must satisfy himself that the suspect has been notified of the second request and has an opportunity to make meaningful representations at the consent hearing either in person or through his legal representatives." |
| | THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS |
| Page 29, line 23, at end insert— |
| "( ) | The judge must satisfy himself that the suspect has been notified of the second request and has an opportunity to make meaningful representations at the consent hearing either in person or through his legal representatives." |
| Page 29, line 35, at end insert— |
| "(13) | The Secretary of State must satisfy himself that the suspect has been notified of the second request and has had an opportunity to make representations either in person or through his legal representatives. |
| (14) | If the Secretary of State is not satisfied that the requirements of subsection (13) have been met he must refuse his consent." |
| | THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS |
| Page 35, line 28, at beginning insert "subject to subsection (1A)," |
| Page 35, line 32, at end insert— |
| "(1A) | The Lord Chancellor shall not designate a District Judge (Magistrates' Courts) under subsection (1)(a) unless that person has followed a course of training and development covering the matters dealt with in this Act." |
| | THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS |
| Page 37, line 16, leave out "it appears to the judge" and insert "the judge has reasonable grounds for believing" |
| Page 38, line 7, leave out "shown" and insert "given" |
| | THE BARONESS CARNEGY OF LOUR
THE VISCOUNT BRIDGEMAN |
| Page 38, line 10, leave out "as soon as practicable" and insert— |
| | "not later than the first day after he is taken into custody" |
| Page 38, line 11, at end insert— |
| "( ) | The reference in subsection (3) to the first day after he is taken into custody shall not include a Saturday, a Sunday or a court holiday prescribed for that court under section 8 of the Criminal Procedure (Scotland) Act 1995 (c. 46); but nothing in this subsection shall prevent a person being brought before the court on a Saturday, a Sunday or such a court holiday where the court is, in pursuance of the said section 8, sitting on such day for the disposal of criminal business." |
| Page 38, line 12, at end insert— |
| "(za) | in Scotland, the officer in charge of a police station has liberated the person upon a written undertaking, signed by that person and certified by the officer, in terms of which the person undertakes to appear at a specified court at a specified time." |
| Page 38, line 13, at beginning insert "in England, Wales and Northern Ireland," |
| | THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS |
| Page 38, line 21, leave out paragraph (b) and insert— |
| "(b) | ensure that the person has received independent legal advice about the implications of giving or withholding consent to extradition;" |
| | THE BARONESS CARNEGY OF LOUR
THE VISCOUNT BRIDGEMAN |
| Page 38, line 29, at end insert— |
| "( ) | In Scotland, a person in breach of an undertaking given by him under subsection (4) above without reasonable excuse shall be guilty of an offence and liable on summary conviction to— |
| (a) | a fine not exceeding level 3 on the standard scale; and |
| (b) | imprisonment for a period not exceeding 3 months. |
| ( ) | In any proceedings relating to an offence under this section, a writing purporting to be such an undertaking as is mentioned in subsection (4)(za) above and bearing to be signed and certified, shall be sufficient evidence of the terms of the undertaking given by the arrested person." |
| Page 38, line 30, leave out subsection (9) |
| | THE BARONESS CARNEGY OF LOUR
THE VISCOUNT BRIDGEMAN |
| Page 40, line 4, leave out "as soon as practicable" and insert— |
| | "not later than the first day after he is taken into custody" |
| Page 40, line 5, at end insert— |
| "( ) | The reference in subsection (3) to the first day after he is taken into custody shall not include a Saturday, a Sunday or a court holiday prescribed for that court under section 8 of the Criminal Procedure (Scotland) Act 1995 (c. 46); but nothing in this subsection shall prevent a person being brought before the court on a Saturday, a Sunday or such a court holiday where the court is, in pursuance of the said section 8, sitting on such day for the disposal of criminal business." |
| Page 40, line 6, at end insert— |
| "(za) | in Scotland, the officer in charge of a police station has liberated the person upon a written undertaking, signed by that person and certified by the officer, in terms of which the person undertakes to appear at a specified court at a specified time," |
| Page 40, line 7, at beginning insert "in England, Wales and Northern Ireland," |
| Page 40, line 34, at end insert— |
| "( ) | In Scotland, a person in breach of an undertaking given by him under subsection (4) above without reasonable excuse shall be guilty of an offence and liable on summary conviction to— |
| (a) | a fine not exceeding level 3 on the standard scale; and |
| (b) | imprisonment for a period not exceeding 3 months. |
| ( ) | In any proceedings relating to an offence under this section, a writing purporting to be such an undertaking as is mentioned in subsection (4)(za) above and bearing to be signed and certified, shall be sufficient evidence of the terms of the undertaking given by the arrested person." |
| Page 40, line 35, leave out subsection (11) |
| | THE BARONESS CARNEGY OF LOUR
THE VISCOUNT BRIDGEMAN |
| Page 41, line 2, leave out "2 months" and insert "40 days" |
| | THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS |
| Page 41, line 6, leave out "and this subsection may apply more than once" |
| | THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS |
| Page 43, line 24, leave out from "offence" to end of line 25 |
| | THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS |
| Page 45, line 33, leave out "(except that for this purpose evidence from a single source shall be sufficient)" |
| | THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS |
| Page 47, line 14, after "language" insert "which he understands" |
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