HL Deb 22 July 1988 vol 499 cc1596-8

58 After Clause 17, insert the following new clause: (Persons serving sentences outside country of conviction)

(1) This section applies where—

  1. a request is made—
    1. (i) by some person recognised as a diplomatic representative of a foreign state in the case of which the Extradition Act 1870 applies or as between which and the United Kingdom extradition procedures under this Part of this Act are available; or
      2. 1597
    2. (ii) by or on behalf of the Government of a Commonwealth country which is a designated Commonwealth country, as defined in subsection (1) of section 2 of the Fugitive Offenders Act 1967, or the Governor of a United Kingdom dependency, as defined in subsection (2) of that section,
for the arrest and return of a person in the United Kingdom who is alleged to be unlawfully at large from a prison in which he was serving a sentence in pursuance of international arrangements for the repatriation of prisoners sentenced in one country ("the country of conviction") to serve their sentences in another ("the country of imprisonment"); and
  1. (b) there are furnished with the request—
    1. (i) particulars of the person whose return or surrender is requested;
    2. (ii) particulars of the offence of which he was convicted (including information sufficient to justify the issue of a warrant for his arrest under the relevant legislation);
    3. (iii) a certificate of the conviction and sentence; and
    4. (iv) a certificate of the international arrangements for repatriation under which he was held.

(2) Where this section applies, the relevant legislation shall have effect—

  1. (a) if the request is from the country of conviction, as if the person to whom the request relates were alleged to be unlawfully at large from a prison in that country; and
  2. (b) if it is from the country of imprisonment, as if he were alleged to have been convicted of a corresponding offence under the law of that country committed there,
and the question whether the person to whom the request relates is to be returned shall he determined, subject to subsection (3) below, in accordance with that legislation.

(3) A person shall not be returned under subsection (2)(b) above unless—

  1. (a) the offence was committed in the country of conviction; or
  2. (b) the offence was not committed there but was committed in circumstances in which he might be returned on a request made by the country of conviction.

(4) In this section "the relevant legislation" means—

  1. (a) if the request is made by some person recognised as a diplomatic representative of a foreign state in the case of which the Extradition Act 1870 applies, the Extradition Acts 1870 to 1935 as they apply in the case of that state;
  2. (b) if it is made by some person recognised as a diplomatic representative of a foreign state as between whom and the United Kingdom extradition procedures under this Part of this Act are available, the following provisions of this Act, as they apply in the case of that state—
    1. (i) section 1(1) to (8); and
    2. (ii) sections 2 to 17; and
  3. (c) if it is made by or on behalf of the Government of a designated Commonwealth country or the Governor of a United Kingdom dependency, the Fugitive Offenders Act 1967 as it applies in the case of that country or dependency.

59 Clause 18, page 14, line 9, leave out '17' and insert '[Persons serving sentences outside country of conviction]'

60 Page 14, line 10, leave out 'and Schedule 1 to this Act'.

Earl Ferrers

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 58 to 60. The purpose of the new clause introduced by Amendment No. 58 and consequential Amendments Nos. 59 and 60 is to deal with a highly technical difficulty which arises in connection with the transfer of sentenced persons. The clause enables such prisoners to be extradited either to the country of conviction or to the country of imprisonment. I commend the amendments to the House.

Moved, That the House do agree with the Commons in their Amendments Nos. 58 to 60.—(Earl Ferrers.)

On Question, Motion agreed to.