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Lord Bassam of Brighton: My Lords, the circumstances in which the judge would be concerned might be rather special. That is why the clause has been drafted in such a way. Rather than mutter through this at the Dispatch Box, I would prefer to drop the noble Baroness, Lady Anelay, a line about it. As I am sure she will appreciate, the circumstances will be rather specific and special, which is why the question of practicality arises.

6 p.m.

Lord Donaldson of Lymington: My Lords, I am sure that this is an elementary point and that I have misread the amendment, but as I understand it, it removes the words "category 1" in line 34. I do not see what difference that makes. The clause will apply if,


and,


    "the appropriate judge receives a request for consent to the person being dealt with in the category 1 territory for another offence".

What other country could it be other than a category 1 country? But I may be quite wrong.

Lord Bassam of Brighton: My Lords, I believe that it could be the case that it is a category 2 country, but I shall have to reread my notes carefully if the noble and learned Lord wants an answer today.

Lord Donaldson of Lymington: My Lords, I do not.

Lord Bassam of Brighton: My Lords, I shall happily afford the noble and learned Lord an explanation if I am wrong, but I believe it to be as I explained it.

On Question, amendment agreed to.

Lord Bassam of Brighton moved Amendments Nos. 122 to 124:


    Page 26, line 38, leave out "category 1"


    Page 26, line 42, at end insert—


"(3A) The judge must serve notice on the person that he has received the request for consent, unless he is satisfied that it would not be practicable to do so."
Page 27, line 9, leave out from beginning to "must" in line 10 and insert "the judge does not exercise the power in subsection (5) to extend the period, he"

On Question, amendments agreed to.

[Amendment No. 125 not moved.]

Clause 54 [Questions for decision at consent hearing]:

Lord Bassam of Brighton moved Amendments Nos. 126 and 127:


    Page 27, line 16, leave out "category 1"


    Page 27, line 31, at end insert—


"(8) Consent is not required to the person being dealt with in the territory for the offence if the person has been given an opportunity to leave the territory and—
(a) he has not done so before the end of the permitted period, or

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(b) if he did so before the end of the permitted period, he has returned there.
(9) The permitted period is 45 days starting with the day on which the person arrived in the territory following his extradition there in accordance with this Part.
(10) Subject to subsection (8), the judge must decide whether consent is required to the person being dealt with in the territory for the offence by reference to what appears to him to be the law of the territory or arrangements made between the territory and the United Kingdom."

On Question, amendments agreed to.

[Amendment No. 128 not moved.]

Clause 55 [Request for consent to further extradition to category 1 territory]:

Lord Bassam of Brighton moved Amendments Nos. 129 and 130:


    Page 28, line 4, at end insert—


"(3A) The judge must serve notice on the person that he has received the request for consent, unless he is satisfied that it would not be practicable to do so."
Page 28, line 13, leave out from beginning to "must" in line 14 and insert "the judge does not exercise the power in subsection (5) to extend the period, he"

On Question, amendments agreed to.

[Amendment No. 131 not moved.]

Clause 56 [Questions for decision at consent hearing]:

Lord Bassam of Brighton moved Amendment No. 132:


    Page 28, line 36, at end insert—


"(8) Consent is not required to the person's extradition to the other territory for the offence if the person has been given an opportunity to leave the requesting territory and—
(a) he has not done so before the end of the permitted period, or
(b) if he did so before the end of the permitted period, he has returned there.
(9) The permitted period is 45 days starting with the day on which the person arrived in the requesting territory following his extradition there in accordance with this Part.
(10) Subject to subsection (8), the judge must decide whether consent is required to the person's extradition to the other territory for the offence by reference to what appears to him to be the arrangements made between the requesting territory and the United Kingdom."

On Question, amendment agreed to.

[Amendment No. 133 not moved.]

Clause 57 [Consent to further extradition to category 2 territory]:

Lord Bassam of Brighton moved Amendments Nos. 134 to 144:


    Page 28, line 39, after "territory" insert "(the requesting territory)"


    Page 29, line 1, leave out "appropriate judge" and insert "Secretary of State"


    Page 29, line 6, leave out "category 1" and insert "requesting"


    Page 29, line 10, at end insert—


"(3A) The Secretary of State must serve notice on the person that he has received the request for consent, unless he is satisfied that it would not be practicable to do so."
Page 9, line 11, leave out "judge" and insert "Secretary of State"


    Page 29, line 13, leave out "judge" and insert "Secretary of State"

27 Oct 2003 : Column 62


    Page 29, line 14, at end insert—


"(5A) If the Secretary of State decides that question in the affirmative he must decide whether the appropriate judge would send the case to him (for his decision whether the person was to be extradited) under sections 80 to 92 if—
(a) the person were in the United Kingdom, and
(b) the judge were required to proceed under section 80 in respect of the offence for which the Secretary of State's consent is requested.
(5B) If the Secretary of State decides the question in subsection (5A) in the negative he must refuse his consent."
Page 29, line 15, leave out "judge" and insert "Secretary of State"


    Page 29, line 15, leave out from "whether" to "if" in line 26.


    Page 29, line 30, leave out "must" and insert "may"


    Page 29, line 33, leave out from beginning to "to" in line 34 and insert "This section applies in relation to any function which falls under this section to be exercised in relation to Scotland only as if the references in this section"

On Question, amendments agreed to.

[Amendment No. 145 not moved.]

Clause 58 [Return of person to serve remainder of sentence]:

Baroness Scotland of Asthal moved Amendment No. 146:


    Page 30, line 3, at end insert—


"(5) But subsection (4) does not apply if—
(a) the person was extradited for the purpose of being prosecuted for an offence, and
(b) the person has not been convicted of the offence or of any other offence in respect of which he was permitted to be dealt with in the category 1 territory.
(6) In a case falling within subsection (5), time during which the person was not in the United Kingdom as a result of his extradition counts as time served by him as part of his sentence only if it was spent in custody in connection with the offence or any other offence in respect of which he was permitted to be dealt with in the territory."

On Question, amendment agreed to.

[Amendment No. 147 not moved.]

Clause 59 [Costs where extradition ordered]:

[Amendment No. 148 not moved.]

Clause 60 [Costs where discharge ordered]:

[Amendment No. 149 not moved.]

Clause 61 [Costs where discharge ordered: supplementary]:

[Amendment No. 150 not moved.]

Clause 62 [Documents sent by facsimile]:

Baroness Scotland of Asthal moved Amendment No. 151:


    Page 31, line 37, leave out "Part" and insert "Act"

The noble Baroness said: My Lords, the amendments are technical and are based on existing precedents in relation to documentation. Unlike many of the government amendments that we are discussing today, the purpose of this group is not immediately apparent, so I shall endeavour to explain what they are for.

The amendments are all concerned with the receivability of evidence. The Bill provides in both Parts 1 and Part 2 that fax documents can be received

27 Oct 2003 : Column 63

in evidence. It also specifies, in Part 2, that duly authenticated documents can be received in evidence. However, there is no corresponding general provision in Part 1, which is clearly an oversight. The main purpose of the amendments is to remedy that. They do that by inserting a new clause, based on the existing Clause 137, but applicable to the whole Bill. That is what Amendment No. 301 achieves. Accordingly, Clause 137 is no longer needed, which is why we are seeking to remove it. Since evidential matters are now going to be dealt with at the end of the Bill, we are taking the opportunity to move Clauses 62 and 63 there and to apply them to the whole of the Bill. That in turn allows us to repeal Clause 136.

All of the foregoing is concerned with evidence from abroad, but it is also possible that evidence obtained in this country could be needed. For example, when determining the question of identity, it is perfectly possible that fingerprints taken from the person at the time of his arrest in this country could be important evidence. So we need rules to govern receivability of domestic evidence and, to provide for that, we have drawn from domestic legislation.

Amendment No. 302 applies Sections 9 and 10 of the Criminal Justice Act 1967 to extradition proceedings, and its Northern Ireland equivalent for cases in the Province. Section 9 allows for written statements to be adduced where there is no objection from other parties, while Section 10 allows for formal admissions to be made.

I have sought to explain in simple terms what the amendments do. I reiterate that, in respect of evidence from overseas, they allow Part 1 warrants and duly authenticated documents issued in either category 1 or category 2 territories to be received in any proceedings under the Bill. In respect of domestic evidence, they apply the normal domestic rules. They also tidy up the drafting of the Bill by removing some of the duplication which is not strictly needed. I hope that your Lordships will see why this is a sensible way to proceed and will feel able to agree to these amendments as good housekeeping. I beg to move.

On Question, amendment agreed to.


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