|Extradition Bill - continued||House of Lords|
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Clause 199: Reasonable force
538. Reasonable force can be used when necessary in the use of any power described in the Bill.
Clause 200: Rules of court
539. This clause allows rules of court to be made to govern court practice and procedure regarding proceedings under this Bill.
Clause 201: Disposal of Part 1 warrant and extradition request
540. This clause defines what is meant by the disposal of a Part 1 warrant and an extradition request. Subsection (1) provides that a Part 1 warrant is disposed of when an order is made for the person's discharge or extradition and there is no further possibility of appeal (see below), or when the person is taken to be discharged under this Bill. Similarly subsection (2) provides that an extradition request is also disposed of when such an order is made and there is no possible route of appeal open, or when the person is taken to be discharged.
541. Subsection (3) provides that there is no further possibility of an appeal:
542. The decision of the High Court on the appeal is final (subsection (4)):
543. Subsection (5) prevents a court's power to extend a permitted period or give leave to take a step out of time from being taken into account for the purposes of subsections (3) and (4).
544. Subsection (6) states that subsections (3) to (5) do not apply to Scotland (see clause 32 above).
Clause 202: Disposal of charge
545. This clause defines what is meant by the disposal of a charge against a person. Subsection (1) provides that a charge is disposed of when the person is acquitted or when he is convicted and there is no further possibility of an appeal against the conviction.
546. Subsection (2) provides that there is no further possibility of an appeal:
547. The decision of the Court of Appeal on an appeal is final (subsection (3)):
548. Subsection (4) prevents a court's power to extend a permitted period or give leave to take a step out of time from being taken into account for the purposes of subsections (2) and (3).
549. Subsection (5) states that subsections (2) to (4) do not apply to Scotland (see clause 32 above).
Clause 203: Other interpretative provisions
550. This clause defines various terms used in the Bill, as follows:
Clause 204: Form of documents
551. This clause allows the Secretary of State to prescribe the form of any document required under this Bill. This must be done by statutory instrument, subject to the negative resolution procedure in both Houses of Parliament.
Clause 205: Existing legislation on extradition
552. This clause has the effect of repealing the existing legislation on extradition, namely the Backing of Warrants (Republic of Ireland) Act 1965 and the Extradition Act 1989.
Clause 206: Repeals
553. Repeals can be found in the Schedule to the Bill.
Clause 207: Commencement
554. This clause allows the preceding provisions of the Bill to be brought into force by the Secretary of State by order made by statutory instrument. An order may make different provision for different purposes and may include supplementary, incidental, saving or transitional provisions.
Clause 208: Channel Islands and Isle of Man
555. This clause enables the Bill to be extended, with modifications as appropriate, to the Channel Islands and the Isle of Man, by an Order in Council.
Clause 209: Orders and regulations
556. This clause describes the procedures to be used for making certain secondary legislation under this Bill. This applies to any orders made by the Secretary of State (other than an order described in subsection (2)), any order of the Treasury and any regulations made under this Bill (subsection (1)). Subsection (2) sets out the orders made under this Bill that are not covered by this clause. These are any order for a person's extradition or discharge and any order deferring proceedings or deferring a person's extradition.
557. The power to make this secondary legislation is exercisable by statutory instrument and the secondary legislation may make different provision for different purposes and may include supplementary, incidental, saving or transitional provisions (subsections (3) and (4)).
558. Any such statutory instrument is subject to the negative resolution procedure before both Houses of Parliament, unless it is an order under clause 142(10) (appropriate person to apply for a Part 3 warrant); clause 172(4) (bringing a code of practice into operation); or clause 207 (commencement of the Bill), which would be subject to the affirmative resolution procedure. An order under clause 142(10) or 172(4) must also be laid in draft before Parliament and approved by both Houses (subsections (5) and (6)).
Clause 210: Orders in Council
559. This clause provides for any Order in Council made under the Bill (other than one made under clause 208) to be subject to the negative resolution procedure. Orders made under this clause may also include supplementary, incidental, saving or transitional provisions. Subsection (3) allows a country to be designated, as a category 1 or category 2 territory, by name or by falling within the description given in an Order. Subsection (4) provides that Orders in Council designating a country as a category 1 or category 2 territory may apply the Bill to that country with modifications.
Clause 211: Finance
560. This clause provides for the following expenditure to be paid out of money provided by Parliament, if it arises as a result of the Bill:
Clause 212: Extent
561. This clause states that clauses 156 to 159, 165 to 167, 170 and 172 do not apply in Scotland. This is because PACE powers (on which these police powers clauses are based) do not extend to Scotland. Comparable powers are to be found in Scottish common law and statute.
562. In connection with the remand and bail provisions, clauses 195 and 196 apply only to England and Wales, as the Acts which they amend only have such extent.
563. On legal aid, clause 184 applies only to Scotland and clauses 185 and 186 apply only to Northern Ireland.
Clause 213: Short title
564. The Bill may be cited as the Extradition Act 2003.
Schedule - Repeals.
565. The Schedule contains repeals. The existing legislation on extradition, the Backing of Warrants (Republic of Ireland) Act 1965 and the Extradition Act 1989, is repealed in its entirety. Three provisions of the Bail Act 1976 and one of the Criminal Law Act 1977 are repealed because of the amendments concerned with bail in extradition cases (see clause 193). Two minor provisions of the Bail (Amendment) Act 1993 are also repealed as a result of the amendments being made to that Act by virtue of clause 195. In addition a provision of the International Criminal Court Act 2001 is repealed in connection with the delivery of a person up to the International Criminal Court (see clause 190).
EFFECTS OF THE BILL ON PUBLIC SECTOR MANPOWER AND FINANCES
566. The cost of operating the extradition system depends largely on the number of extradition requests that the United Kingdom receives. It is possible that the more streamlined system for processing requests made to the United Kingdom which the Bill is intended to put in place might cause requests to be made which would not previously have been made. As against that the system that is to be put in place is expected to reduce significantly the time taken to conclude extradition cases. This will mean, in turn, that less court time is engaged by such cases and that a person subject to an extradition request will, on average, spend less time in detention than is currently the case. It is therefore estimated that there will be no overall effect on public sector finances. There will be no effect on public sector manpower.
567. The Bill will have no effect on the private or voluntary sectors. Therefore no regulatory impact assessment is necessary to accompany the Bill.
568. Clause 207 provides for the Bill to come into force on such date as the Secretary of State directs by order.
EUROPEAN CONVENTION ON HUMAN RIGHTS
569. Section 19 of the Human Rights Act 1998 requires the Minister in charge of a Bill in either House of Parliament to make a statement, before second reading, about the compatibility of the provisions of the Bill with the Convention rights (as defined by section 1 of that Act). The Lord Filkin has made the following statement:
"In my view the provisions of the Extradition Bill are compatible with the Convention rights".
|© Parliamentary copyright 2003||Prepared: 27 March 2003|