HC Deb 22 October 1952 vol 505 cc1173-4

Motion made, and Question proposed, "That the Clause stand part of the Bill."

Mr. Paget

I have one query. Can the occasion contemplated in subsection (1) ever arise? Without prejudice to the last foregoing section, where a person has been tried by a service court of a country to which this section applies in the exercise of the powers referred to in subsection (1) of section two of this Act, he shall not be tried for the same crime by a United Kingdom court. I suppose it could be the same crime if it was a crime specifically against the English law which they had tried in their court as a breach of an English statute. But the expression "same crime" is a very curious one.

What does seem to me to be covered is where this same thing is contemplated in clause 7 (6). I should have thought the position always was that an offence contrary to the law of another country could never be more than analogous to an offence contrary to our own law. It could never be the same crime.

Sir D. Maxwell Fyfe

The hon. and learned Gentleman was good enough to raise this point upon the Second Reading. I think I can dispel his difficulties. If an offence against foreign law consists of the same essential ingredients as an offence against British law, the two offences are the same crime.

If I recall to the hon. and learned Gentleman's mind the Extradition Act, 1870, I think on a moment's consideration he will see that I am correct. If this were not so, this Act could not operate since the fugitive criminal can only be extradited for an offence that is the same crime in both the demanding state and the state of refuge. Subsection (1) refers to the crime as a whole and not to the act committed.

The hon. and learned Gentleman raised another interesting point on which I could give him some contradictory dicta, but I do not think it would be fair to the rest of the Committee who have not the same interest in these matters that he and I have.

Mr. Paget

If the right hon. and learned Gentleman is referring to extradition, that is different, and where an act is a crime under both laws, there can be extradition; surely this is not the same?

Clause ordered to stand part of the Bill.