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COMMONS INSISTENCEs AND AMENDMENTS IN LIEU |
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[The page and line references are to HL Bill 104, the bill as first printed for the Lords.] |
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36 | Insert the following new Clause— |
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| | “Designation of Part 2 territories: omission of United States of America |
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| | In the list of territories in paragraph 3(2) of the Extradition Act 2003 |
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| | (Designation of Part 2 Territories) Order 2003 (S.I. 2003/3334) “the United |
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| | States of America” is omitted.” |
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| | COMMONS DISAGREEMENT AND REASON |
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| | The Commons disgree to this Amendment for the following Reason— |
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36A | Because it is appropriate for the United States of America to be a designated territory for |
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| | the purposes of sections 71, 73, 84 and 86 of the Extradition Act 2003 |
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| | lords insistence and reason |
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| | The Lords insist on their Amendment 36 for the following Reason— |
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36B | Because it is not appropriate for the United States of America to be a designated territory |
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| | for the purposes of sections 71, 73, 84 and 86 of the Extradition Act 2003 |
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| | COMMONS INSISTENCE AND AMENDMENTs IN LIEU |
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| | The Commons insist on their disagreement to Lords Amendment 36 but propose the |
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| | following Amendments in lieu— |
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36C | Page 36, line 44, at end insert the following new Clause:— |
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| | | “Designation of United States of America |
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| | (1) | In article 3(2) of the Extradition Act 2003 (Designation of Part 2 Territories) |
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| | Order 2003 (S.I. 2003/3334) (territories designated for the purposes of |
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| | sections 71, 73, 84 and 86 of the Extradition Act 2003) the entry for the |
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| | United States of America is omitted. |
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| | (2) | An order bringing subsection (1) into force is not to be made— |
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| | (a) | within the period of 12 months beginning with the day on which |
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| | (b) | if instruments of ratification of the 2003 treaty have been |
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| | | In this subsection “the 2003 treaty” means the Extradition Treaty between |
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| | the United Kingdom of Great Britain and Northern Ireland and the United |
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| | States of America signed at Washington on 31st March 2003. |
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| | (3) | Subject to subsection (2), if after the end of the period mentioned in |
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| | subsection (2)(a) a resolution is made by each House of Parliament that |
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| | subsection (1) should come into force, the Secretary of State shall make an |
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| | order under section 51 bringing it into force. |
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| | (4) | An order made by virtue of subsection (3) must bring subsection (1) into |
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| | force no later than one month after the day on which the resolutions |
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| | referred to in subsection (3) are made or, if they are made on different days, |
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| | the day on which the later resolution is made. |
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| | (5) | If subsection (1) is brought into force, it does not affect the power of the |
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| | Secretary of State to make a further order under section 71(4), 73(5), 84(7) |
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| | or 86(7) of the Extradition Act 2003 (c. 41) amending article 3 of the |
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| | Extradition Act 2003 (Designation of Part 2 Territories) Order 2003 so as to |
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| | add a reference to the United States of America. |
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| | (6) | An order such as is mentioned in subsection (5) may include provision |
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36D | Page 39, line 1, at end insert— |
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| | “( ) | section (Designation of United States of America)(2) to (6);” |
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81 | Page 134, line 3, at end insert— |
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| | Commons disagreement and reason |
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| | The Commons disagree to this Amendment for the following Reason— |
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81A | Because the Lords Amendment, taken with Lords Amendments Nos. 82 and 83, could cause |
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| | the United Kingdom to be in breach of existing international agreements and would unduly |
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| | restrict its ability to enter into further ones |
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| | lords insistence and reason |
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| | The Lords insist on their Amendment 81 for the following Reason— |
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81B | Because it is appropriate that judges should have discretion over requests for extradition in |
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| | COMMONS INSISTENCE AND AMENDMENTS IN LIEU |
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| | The Commons insist on their disagreement to Lords Amendments 81 to 84 but propose |
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| | Amendments 84C and 84D in lieu |
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82 | Page 134, line 5, leave out “19A”” and insert “19B”” |
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| | Commons disagreement and reason |
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| | The Commons disagree to this Amendment for the following Reason— |
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82A | Because the Lords Amendment, taken with Lords Amendments Nos. 81 and 83, could cause |
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| | the United Kingdom to be in breach of existing international agreements and would unduly |
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| | restrict its ability to enter into further ones |
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| | lords insistence and reason |
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| | The Lords insist on their Amendment 82 for the following Reason— |
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82B | Because it is appropriate that judges should have discretion over requests for extradition in |
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| | COMMONS INSISTENCE AND AMENDMENTS IN LIEU |
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| | The Commons insist on their disagreement to Lords Amendments 81 to 84 but propose |
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| | Amendments 84C and 84D in lieu |
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83 | Page 134, line 23, at end insert— |
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| | (1) | If the conduct disclosed by the request was committed |
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| | partly in the United Kingdom, the judge shall not order |
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| | the extradition of the person unless it appears in the light |
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| | of all the circumstances that it would be in the interests of |
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| | justice that the person should be tried in the category 1 |
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| | (2) | In deciding whether extradition is in the interests of |
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| | justice, the judge shall take into account whether the |
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| | competent United Kingdom authorities have decided to |
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| | refrain from prosecuting the person whose surrender is |
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| | sought for the conduct constituting the offence for which |
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| | extradition is requested.”” |
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| | Commons disagreement and reason |
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| | The Commons disagree to this Amendment for the following Reason— |
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83A | Because the Lords Amendment, taken with Lords Amendments Nos. 81 and 82, could cause |
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| | the United Kingdom to be in breach of existing international agreements and would unduly |
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| | restrict its ability to enter into further ones |
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| | |
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| | lords insistence and reason |
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| | The Lords insist on their Amendment 83 for the following Reason— |
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83B | Because it is appropriate that judges should have discretion over requests for extradition in |
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| | COMMONS INSISTENCE AND AMENDMENTS IN LIEU |
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| | The Commons insist on their disagreement to Lords Amendments 81 to 84 but propose |
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| | Amendments 84C and 84D in lieu |
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84 | Page 142, line 5, at end insert— |
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| | (1) | Section 79 (bars to extradition) is amended as follows. |
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| | (2) | After paragraph (d) of subsection (1) there is inserted— |
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| | (3) | In subsection (2), for “83” there is substituted “83A”. |
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| | (4) | After section 83 there is inserted— |
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| | (1) | If the conduct disclosed by the request was committed partly in |
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| | the United Kingdom, the judge shall not order the extradition of |
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| | the person unless it appears in the light of all the circumstances |
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| | that it would be in the interests of justice that the person should |
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| | be tried in the category 2 territory. |
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| | (2) | In deciding whether extradition is in the interests of justice, the |
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| | judge shall take into account whether the competent United |
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| | Kingdom authorities have decided to refrain from prosecuting |
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| | the person whose surrender is sought for the conduct |
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| | constituting the offence for which extradition is requested.”” |
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| | Commons disagreement and reason |
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| | The Commons disagree to this Amendment for the following Reason— |
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84A | Because the Lords Amendment could cause the United Kingdom to be in breach of existing |
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| | international agreements and would unduly restrict its ability to enter into further ones |
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| | lords insistence and reason |
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| | The Lords insist on their Amendment 84 for the following Reason— |
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84B | Because it is appropriate that judges should have discretion over requests for extradition in |
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| | COMMONS INSISTENCE AND AMENDMENTS IN LIEU |
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| | The Commons insist on their disagreement to Lords Amendments 81 to 84 but propose |
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| | Amendments 84C and 84D in lieu— |
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84C | Page 134, line 44, at end insert— |
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| | “Restriction on extradition in cases where trial in United Kingdom more appropriate |
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| | 3A (1) | In section 11 (bars to extradition)— |
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| | (a) | at the end of subsection (1) there is inserted— |
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| | (b) | in subsection (2), for the words from “12” to “apply” there is |
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| | substituted “12 to 19B apply”. |
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| | (2) | After section 19A (inserted by paragraph 3 above) there is inserted— |
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| | (1) | A person’s extradition to a category 1 territory (“the requesting |
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| | territory”) is barred by reason of forum if (and only if) it appears |
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| | (a) | a significant part of the conduct alleged to constitute the |
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| | extradition offence is conduct in the United Kingdom, |
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| | (b) | in view of that and all the other circumstances, it would |
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| | not be in the interests of justice for the person to be tried |
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| | for the offence in the requesting territory. |
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| | (2) | For the purposes of subsection (1)(b) the judge must take into |
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| | account whether the relevant prosecution authorities in the |
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| | United Kingdom have decided not to take proceedings against |
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| | the person in respect of the conduct in question. |
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| | (3) | This section does not apply if the person is alleged to be |
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| | unlawfully at large after conviction of the extradition offence.” |
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| | 3B (1) | In section 79 (bars to extradition)— |
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| | (a) | at the end of subsection (1) there is inserted— |
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| | (b) | in subsection (2), for “Sections 80 to 83” there is substituted |
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| | (2) | After section 83 there is inserted— |
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| | (1) | A person’s extradition to a category 2 territory (“the requesting |
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| | territory”) is barred by reason of forum if (and only if) it appears |
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| | (a) | a significant part of the conduct alleged to constitute the |
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| | extradition offence is conduct in the United Kingdom, |
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| | (b) | in view of that and all the other circumstances, it would |
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| | not be in the interests of justice for the person to be tried |
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| | for the offence in the requesting territory. |
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| | (2) | For the purposes of subsection (1)(b) the judge must take into |
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| | account whether the relevant prosecution authorities in the |
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| | United Kingdom have decided not to take proceedings against |
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| | the person in respect of the conduct in question. |
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| | (3) | This section does not apply if the person is alleged to be |
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| | unlawfully at large after conviction of the extradition offence.” |
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| | 3C (1) | An order bringing paragraph 3A or 3B into force is not to be made within |
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| | the period of 12 months beginning with the day on which this Act is |
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| | (2) | If after the end of that period a resolution is made by each House of |
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| | Parliament that paragraphs 3A and 3B (or either of them) should come |
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| | into force, the Secretary of State shall make an order under section 51 |
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| | bringing the paragraphs (or paragraph) into force. |
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| | (3) | An order made by virtue of sub-paragraph (2) must bring the provisions |
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| | in question into force no later than one month after the day on which the |
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| | resolutions referred to in that sub-paragraph are made or, if they are |
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| | made on different days, the day on which the later resolution is made.” |
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84D | Page 39, line 1, at end insert— |
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| | “( ) | paragraph 3C of Schedule 14;” |
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