HC Deb 25 June 1991 vol 193 cc925-6

  1. (".—(1) A short-term or long-term prisoner is an extradited prisoner for the purposes of this section if—
    1. (a) he was tried for the offence in respect of which his sentence was imposed—
      1. (i) after having been extradited to the United Kingdom; and
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      2. (ii) without having first been restored or had an opportunity of leaving the United Kingdom; and
    2. (b) he was for any period kept in custody while awaiting his extradition to the United Kingdom as mentioned in paragraph (a) above.
  2. (2) If, in the case of an extradited prisoner, the court by which he was sentenced so ordered, section 67 of the 1967 Act (computation of sentences of imprisonment) shall have effect in relation to him as if a period specified in the order were a relevant period for the purposes of that section.
  3. (3) The period that may be so specified is such period as in the opinion of the court is just in all the circumstances and does not exceed the period of custody mentioned in subsection (1)(b) above.
  4. (4) In this section—
    1. (i) in pursuance of extradition arrangements;
    2. (ii) under any law of a designated Commonwealth country corresponding to the Extradition Act 1989;
    3. (iii) under that Act as extended to a colony or under any corresponding law of a colony; or
    4. (iv) in pursuance of a warrant of arrest endorsed in the Republic of Ireland under the law of that country corresponding to the Backing of Warrants (Republic of Ireland) Act 1965;

"extradition arrangements" has the meaning given by section 3 of the Extradition Act 1989;

"designated Commonwealth country" has the meaning given by section 5(1) of that Act.")

Mrs. Rumbold

I beg to move, That this House doth agree with the Lords in the said amendment.

The amendment addresses the vexed issue of prisoners who have spent time in custody abroad awaiting extradition to this country and responds to the concern expressed in Committee by the right hon. and learned Member for Warley, West (Mr. Archer).

Mr. Stuart Randall (Kingston upon Hull, West)

As the Minister said, the amendment deals with people who are extradited to the United Kingdom. It was referred to in Committee by my right hon. and learned Friend the Member for Warley, West (Mr. Archer). It was moved by the Government in response to an amendment moved by the noble Lord Thomas of Gwydir at the request of Prisoners Abroad and supported by the official Opposition and peers on the parliamentary all-party penal affairs group.

Although the Lords amendment does not go so far as the amendment moved in Committee by the noble Lord Thomas, it has been welcomed by Prisoners Abroad as a useful compromise. It enables the judge to recommend that a specified period spent in custody abroad should count towards the sentence. By taking account of that time, the new clause should end the anomaly of such prisoners being sentenced to less than the proper term. The Opposition would have liked those held in custody abroad to be given the same automatic credit as those held on remand in this country. Nevertheless, we welcome the new clause as a move in the right direction.

Question put and agreed to.

Lords amendments 65 to 67 disagreed to.

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