HC Deb 28 June 1988 vol 136 cc311-3

Amendments made: No. 190, in page 106, line 30, at end insert— '(2A) In section 26, in the definition of "police magistrate", for the words from "a" to the end there shall be substituted the words "the chief metropolitan stipendiary magistrate or a metropolitan stipendiary magistrate designated by the Lord Chancellor for the purposes of this Act and the Acts that may be cited together with it as the Extradition Acts 1870 to 1935".'

No. 260, in line 47, at end insert— '(1A) If the chief officer or chief constable immediately informs the court that he intends to make such an application, the court shall make an order providing for the detention of the person in question, or directing that he shall not be released except on bail. (1B) Rules of Court may specify—

  1. (a) a period within which the chief officer or chief constable must make such an application unless the Court grants a longer period; and
  2. (b) a period within which the court must comply with such an application.'.

No. 261, in line 48, leave out 'refuses to state a case' and insert 'fails to comply with an application under subsection (1) above within the period specified in Rules of Court'.

No. 262, in page 107, leave out lines 6 to 14 and insert— '(4) An order made by a court in England and Wales or Northern Ireland under subsection (1A) above shall cease to have effect if

  1. (a) the High Court dismisses the appeal; and
  2. (b) the chief officer or chief constable does not immediately—
    1. (i) apply for leave to appeal to the House of Lords; or
    2. (ii) inform the court that he intends to apply for leave.
(5) An order made by a court in Scotland under subsection (1A) above shall cease to have effect if the court dismisses the appeal.'

No. 263, in line 20, at end insert— '(6A) The House of Lords may exercise any powers of the High Court under subsection (3) above and subsection (4) above shall apply to them as it applies to that Court. (6B) Subject to subsections (4) and (5) above, an order under subsection (1A) above shall have effect so long as the case is pending. (6C) For the purposes of this section a case is pending (unless proceedings are discontinued) until (disregarding any power of a court to grant leave to take any step out of time) there is no step that the chief officer or chief constable can take.'

No. 264, in line 26, after 'Court', insert ', other than the reference in subsection (6A) above,'.

No. 276, leave out line 29 and insert— '(e) subsections (6) and (6A) shall be omitted; and, in'.

No. 63, in page 109, line 27, at end insert '(2B) The High Court of Justiciary may, by Act of Adjournal, make rules as to the procedure for service under subsection (2) above in Scotland.'.

No. 191, in line 32, leave out 'In subsection (5) of section 7 (proceedings for committal) for the words' and insert 'In subsection (1)(a) of section 6 (arrest for purposes of committal) for the words "a metropolitan stipendary magistrate or by" there shall be substituted the words—

  1. "(i) the chief metropolitan stipendiary magistrate or a metropolitan stipendiary magistrate designated for the purposes of this Act by the Lord Chancellor; or
  2. (ii)".

8A.—(1) In subsection (1) of section 7 (proceedings for committal) for the words "a metropolitan stipendiary magistrate" there shall be substituted the words "the chief metropolitan stipendiary magistrate or a metropolitan stipendiary magistrate designated as mentioned in section 6(1)(a) above".

(2) For the words in subsection (5) of that section'.

No. 265, in line 33, leave out from second 'court' to 'unless' in line 35.

No. 266, in line 41, at end insert— '(5A) If the court commits a person under subsection (5) above, it shall issue a certificate of the offence against the law of the United Kingdom which would be constituted by his conduct.'.

No. 267, in page 110, line 11, at end insert— '(1A) If the country seeking his return immediately informs the court of committal that it intends to make such an application, the court shall make an order providing for his detention, or directing that he shall not be released except on bail. (1B) Rules of Court may specify—

  1. (a) a period within which a country must make such an application unless the Court grants a longer period; and
  2. (b) a period within which the Court of committal must comply with such an application.'.

No. 268, in line 12, leave out 'refuses to state a case' and insert 'of committal fails to comply with an application under subsection (1) above within the period specified in Rules of Court'.

No. 269, in line 26, at end insert— '(4A) An order made by a metropolitan magistrate under subsection (1A) above shall cease to have effect if—

  1. (a) the court dismisses the appeal in respect of the offence or all the offences to which it relates; and
  2. (b) the country seeking return does not immediately—
    1. (i) apply for leave to appeal to the House of Lords; or
    2. (ii) inform the court that it intends to apply for leave.
(4B) An order made by the sheriff of Lothian and Borders under subsection (1A) above shall cease to have effect if the court dismisses the appeal in respect of the offence or all of the offences to which it relates.'.

No. 270, leave out lines 27 to 32.

No. 271, in line 37, at end insert— '(6A) The House of Lords may exercise any powers of the High Court under subsection (3) above and subsection (4) above shall apply to them as it applies to that Court. (6B) Subject to subsections (4A) and (4B) above, an order under subsection (IA) above shall have effect so long as the case is pending. (6C) For the purposes of this section a case is pending (unless proceedings are discontinued) until (disregarding any power of a court to grant leave to take any step out of time) there is no step that the Commonwealth country can take.'.

No. 277, in line 38, leave out from beginning to 'but' in line 39 and insert— '(7) In the application to Scotland of this section, subsections (6) and (6A) shall be omitted, and,'.— [Mr. John Patten.]

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